Ex parte Anthony Edwards. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Anthony Edwards v. State of Alabama)
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REL: 10/26/07 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 OCTOBER TERM, 2007-2008 ____________________ 1061523 ____________________ Ex parte Anthony Edwards PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Anthony Edwards v. State of Alabama) (Jefferson Circuit Court, CC-93-2600 and CC-93-3039; Court of Criminal Appeals, CR-06-1030) SEE, Justice. 1061523 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 grant the writ. In Ex parte Gunn, [Ms. 1051754, September 21, 2007] ___ So. 2d ___ (Ala. 2007), this Court overruled Wells v. State, 941 So. 2d 1008 (Ala. Crim. App. 2005), to the extent that Wells created a limitation on a trial court's jurisdiction to consider successive motions filed pursuant to ยง 13A-5-9.1, Ala. Code 1975. The Court of Criminal Appeals in this case relied solely on Wells for its affirmance of the trial court's judgment. the Court of Criminal Therefore, we reverse the judgment of Appeals and remand the case for proceedings consistent with Gunn. WRIT GRANTED; REVERSED AND REMANDED. Lyons, Woodall, Smith, Bolin, Parker, and Murdock, JJ., concur. Stuart, J., concurs specially. Cobb, C.J., recuses herself. 2 1061523 STUART, Justice (concurring specially). See my writing in Ex parte Gunn, [Ms. 1051754, Sept. 21, 2007] ___ So. 2d ___, ___ (Ala. 2007)(Stuart, J., concurring specially). 3
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