Anthony Ray Hinton v. State of Alabama
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REL 12/19/2008
Notice: This opinion is subject to formal revision before publication in the advance
sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions,
Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334)
242-4621), of any typographical or other errors, in order that corrections may be made
before the opinion is printed in Southern Reporter.
ALABAMA COURT OF CRIMINAL APPEALS
OCTOBER TERM, 2008-2009
_________________________
CR-04-0940
_________________________
Anthony Ray Hinton
v.
State of Alabama
Appeal from Jefferson Circuit Court
(CC-85-3363.10 and CC-85-3364.10)
On Remand from the Alabama Supreme Court
PER CURIAM.
In accordance with the Alabama Supreme Court's opinion in
Ex parte Hinton, [Ms. 1051390, October 17, 2008] ___ So. 2d
CR-04-0940
___ (Ala. 2008), we remand this case to the circuit court for
that court to conduct proceedings that are consistent with
that opinion.
On remand, the circuit court shall take all
necessary action to see that the circuit clerk makes due
return to this court at the earliest possible time and within
84 days after the release of this opinion.
The return to
remand shall include the circuit court's written findings of
fact; any additional pleadings that are submitted on remand;
and a transcript of the remand hearing if the circuit court
conducts such a hearing.
REMANDED WITH INSTRUCTIONS.
McMillan, Shaw, Wise, and Welch, JJ., concur.
BASCHAB, PRESIDING JUDGE, concurring specially.
Because this court is bound by the decisions of the
Alabama Supreme Court, I am compelled to concur.
However, I
would note that, by allowing Payne to testify, the trial court
found, at least implicitly, that he was a qualified and
competent firearms expert.
Therefore, a remand for findings
on the issue is a waste of already scarce judicial resources.
2
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