Melvin Gene Hodges v. State of Alabama

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Rel: 12/16/2011 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, 2011-2012 _________________________ CR-04-1226 _________________________ Melvin Gene Hodges v. State of Alabama Appeal from Lee Circuit Court (CC-99-264.60) After Remand from the Alabama Supreme Court WELCH, Presiding Judge. On August 21, 2007, this Court affirmed the circuit court's summary denial of the Rule 32, Ala. R. Crim. P., petition for postconviction relief filed by Melvin Gene CR-04-1226 Hodges. See Hodges v. State, [Ms. CR-04-1226, March 23, 2007] So. 3d (Ala. Crim. App. 2007). The Alabama Supreme Court reversed this Court's judgment and remanded the cause for this Court, in turn, to remand the cause to the circuit court for "an evidentiary hearing on the merits of Hodges's claim that some of the jurors' answers during voir dire were untruthful." Ex parte Hodges, [Ms. 1100112, August 26, 2011] ___ So. 3d ___ (Ala. 2011). Accordingly, we remand this cause to the Lee Circuit Court for proceedings consistent with the Alabama Supreme Court's 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 77 days from the date of this opinion. REMANDED WITH DIRECTIONS. Kellum, Burke, and Joiner, JJ., concur. recuses herself. 2 Windom, J.,

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