Ex parte Bruce Pearson. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Bruce Pearson v. State of Alabama)

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REL:9/21/2007 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) 2290649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. SUPREME COURT OF ALABAMA SPECIAL TERM, 2007 ____________________ 1061172 ____________________ Ex parte Bruce Pearson PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Bruce Pearson v. State of Alabama) (Jefferson Circuit Court , CC-95-442; Court of Criminal Appeals, CR-06-0787) SMITH, Justice. We hereby suspend the provisions of Rule 39(g) and (h), Ala. R. App. P., allowing the petitioner and the respondent to file a brief and to request oral argument, and we summarily 1061172 grant the writ. In an opinion released today, this Court overrules Wells v. State, 941 So. 2d 1008 (Ala. Crim. App. 2005), to the extent that it created a limitation on a trial court's jurisdiction to consider successive pursuant to Ala. Code 1975, § 13A-5-9.1. motions filed See Ex parte Gunn, [Ms. 1051754, Sept. 21, 2007] ___ So. 2d ___ (Ala. 2007). The Court of Criminal Appeals relied solely on Wells in affirming the trial court's judgment. Therefore, we reverse the judgment of the Court of Criminal Appeals and remand the case for proceedings consistent with Gunn. WRIT GRANTED; REVERSED AND REMANDED. Cobb, C.J., and See, Lyons, Woodall, Bolin, Parker, and Murdock, JJ., concur. Stuart, J., concurs specially. 2 1061172 STUART, Justice (concurring specially). See my writing in Ex parte Gunn, [Ms. 1051754, Sept. 21, 2007] ___ So. 2d ___, ___ (Ala. 2007). 3

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