Brandon Washington 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-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. 2

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