Roy Burgess, Jr. v. State of Alabama

Annotate this Case

Download PDF

Rel\03\20\2009 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, 2008-2009 _________________________ CR-05-0421 _________________________ Roy Burgess, Jr. v. State of Alabama Appeal from Morgan Circuit Court (CC-93-1270.60) After Remand from the Alabama Supreme Court McMILLAN, Retired Appellate Judge. Pursuant to the Alabama Supreme Court's decision in Ex parte Burgess, [Ms. 1070635, September 5, 2008] ___ So. 3d ___, (Ala. 2008), the circuit court's judgment is reversed and CR-05-0421 the cause remanded to the circuit court for proceedings consistent with that opinion evidentiary hearing concerning specifically to hold an Burgess's claims of juror misconduct and to determine whether he is entitled to a new trial. The foregoing opinion was prepared by Retired Appellate Judge H.W. "Bucky" McMillan while serving on active-duty status as a judge of this court under the provisions of § 1218-10(e), Ala. Code 1975. REVERSED AND REMANDED. Wise, P.J., and Welch, Windom, and Kellum, JJ., concur. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.