State of Alabama v. George Martin

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REL: November 16, 2018 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, 2018-2019 _________________________ CR-15-0664 _________________________ State of Alabama v. George Martin Appeal from Mobile Circuit Court (CC-99-2696.80) On Remand from the Alabama Supreme Court JOINER, Judge. The State of Alabama appealed the circuit court's dismissal with prejudice of the capital-murder indictment returned against George Martin. This Court affirmed the dismissal. State v. Martin, [Ms. CR-15-0664, Dec. 15, 2017] CR-15-0664 ___ So. 3d ___ (Ala. Crim. App. 2017). The State then petitioned the Alabama Supreme Court for certiorari review. On August 31, 2018, the Alabama Supreme Court reversed this Court's judgment, directing this Court "to remand [the case] for a new trial." State v. Martin, [Ms. 1170407, August 31, 2018] ___ So. 3d ___, ___ (Ala. 2018). In accordance with the direction of the Alabama Supreme Court, we reverse the judgment of the circuit court, and we remand the case to that court for a new trial. State v. Martin, supra. REVERSED AND REMANDED. Windom, P.J., and Welch and Kellum, JJ., concur. 2

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