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

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rel: 09/28/2007 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) 229-0649), 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 _________________________ 1061272 _________________________ Ex parte Johnny M. Young PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Johnny M. Young v. State of Alabama) (Mobile Circuit Court, CC-86-620; Court of Criminal Appeals, CR-06-0162) BOLIN, Justice. We hereby suspend the provisions of Rule 39(g) and (h), Ala. R. App. P., allowing the petitioner and the respondent to 1061272 file a brief and to request oral argument, and we summarily grant the writ. This Court recently overruled 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 consider successive § 13A-5-9.1, Ala. Code 1975, motions. to 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. See, Lyons, Woodall, Smith, Parker, and Murdock, JJ., concur. Stuart, J., concurs specially. Cobb, C.J., recuses herself. 2 1061272 STUART, Justice (concurring specially). I adhere to my writing in Ex parte Gunn, [Ms. 1051754, Sept. 21, 2007] ___ So. 2d ___, ___ (Ala. 2007)(Stuart, J., concurring specially). 3

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