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-05-1297
_________________________
Brandon Washington
v.
State of Alabama
Appeal from Jefferson Circuit Court
(CC-05-1757)
On Remand from the Alabama Supreme Court
WELCH, Presiding Judge.
The Alabama Supreme Court granted Brandon Washington's
petition for a writ of certiorari to review issues relating to
the
penalty
phase
in
Washington's
capital-murder
trial.
CR-05-1297
Washington was sentenced to death.
This Court affirmed his
conviction and his sentence. Washington v. State, [Ms. CR-051297, May 30, 2008]
So. 3d
(Ala. Crim. App.
2007)(opinion on return to remand).
On April 15, 2011, the
Supreme Court reversed this Court's judgment insofar as it
sentenced
Washington
to
death,
and
remanded
the
case,
instructing this Court to remand the case to the circuit court
for a new penalty-phase hearing.
Therefore, this cause is
remanded to the circuit court with directions to conduct a new
penalty-phase hearing in accordance with the Alabama Supreme
Court's opinion in Ex parte Washington, [Ms. 1071607, April
15, 2011] ___ So. 3d
(Ala. 2011).
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 180 days from
the date of this opinion.
REMANDED WITH DIRECTIONS.
Windom, Kellum, Burke, and Joiner, JJ., concur.
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