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State v. Hamilton

Citations: 970 So. 2d 292; 2007 Ala. Crim. App. LEXIS 42Docket: CR-04-1751

Court: Court of Criminal Appeals of Alabama; March 1, 2007; Alabama; State Appellate Court

Narrative Opinion Summary

The ruling from July 19, 2005, which denied Hamilton's petition for a writ of habeas corpus, is set aside following the Alabama Supreme Court's directive in Ex parte Hamilton, 970 So.2d 285 (Ala. 2006). The case is remanded to the Circuit Court of Talladega County for further proceedings that align with the Supreme Court’s opinion dated December 22, 2006. All concurring judges include BASCHAB, P.J., and McMILLAN, SHAW, WISE, and WELCH, JJ.

Legal Issues Addressed

Remand for Further Proceedings

Application: The Alabama Supreme Court directed that the case be remanded to the Circuit Court for additional proceedings consistent with its opinion.

Reasoning: The case is remanded to the Circuit Court of Talladega County for further proceedings that align with the Supreme Court’s opinion dated December 22, 2006.

Reversal of Lower Court Decision

Application: The ruling denying Hamilton's petition for a writ of habeas corpus was reversed by the Alabama Supreme Court.

Reasoning: The ruling from July 19, 2005, which denied Hamilton's petition for a writ of habeas corpus, is set aside following the Alabama Supreme Court's directive in Ex parte Hamilton, 970 So.2d 285 (Ala. 2006).