State of Alabama v. Justin Andrew Bailey, alias
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REL: 06/13/2014 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) 229-0649), 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, 2013-2014 _________________________ CR-11-1866 _________________________ State of Alabama v. Justin Andrew Bailey Appeal from Montgomery Circuit Court (CC-11-913) ________________________ CR-11-1867 _________________________ State of Alabama v. Jennifer Leigh Clayton Appeal from Montgomery Circuit Court CR-11-1866 (CC-11-914) On Remand from the Alabama Supreme Court JOINER, Judge. Natasha Rae Lee and codefendants Justin Andrew Bailey and Jennifer Leigh Clayton filed separate motions to suppress the evidence seized from two separate warrantless searches of their apartment on January 7, 2011, and January 28, 2011, as well as searches of their person on January 28, 2011. Montgomery Circuit Court granted the motions. The The State appealed. On rehearing, this Court in State v. Lee, [Ms. CR-111865, Oct. 4, 2013] ___ So. 3d ___ (Ala. Crim. App. 2013), affirmed the trial court's order granting the motions to suppress the evidence seized as a result of the January 7 search of the apartment and the January 28 searches of Lee, Bailey, and Clayton. This Court reversed that part of the trial court's order granting the motion to suppress the evidence seized as a result of the January 28 search of the apartment. The Alabama Supreme Court granted the State's petition for certiorari review in case no. CR-11-1866 (Bailey) and case no. CR-11-1867 (Clayton) as to the January 7 search 2 CR-11-1866 of the apartment and reversed this Court's judgment. State v. Clayton, [Ms. 1130012, April 4, 2014] ___ So. 3d ___ (Ala. 2014).1 In accordance with the Alabama Supreme Court's opinion in Clayton, we reverse that part of the circuit court's order granting the motions to suppress the evidence seized as a result of the January 7 search of the apartment, and remand these cases to the circuit court for proceedings consistent with the Alabama Supreme Court's opinion in Clayton. CR-11-1866 -REVERSED AND REMANDED. CR-11-1867 -REVERSED AND REMANDED. Windom, P.J., and Welch, Kellum, and Burke, JJ., concur. 1 The Alabama Supreme Court denied Lee's petition for a writ of certiorari in case no. CR-11-1865. 3
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