Burgess v. State

Full title: Roy BURGESS, Jr. v. STATE of Alabama.

Court: Alabama Court of Criminal Appeals

Date published: Mar 20, 2009

19 So. 3d 258 (Ala. Crim. App. 2009)

Opinion

19 So.3d 258 (Ala.Crim.App. 2009) Roy BURGESS, Jr. v. STATE of Alabama. CR-05-0421. Court of Criminal Appeals of Alabama. March 20, 2009

         Editorial Note:

          This Opinion is published in the advance sheet at this citation, in Burgess v. State, 19 So.3d 258, was withdrawn from the bound volume and will be published in the correct chronological order with the related opinions. See 21 So.3d 755.

         Appeal from Morgan Circuit Court (CC-93-1270.60)

         After Remand from the Alabama Supreme Court

         McMILLAN, Retired Appellate Judge.

         Pursuant to the Alabama Supreme Court's decision in Ex parte Burgess, [Ms. 1070635, September 5, 2008] ___ So. 3d ___, (Ala. 2008), the circuit court's judgment is reversed and the cause remanded to the circuit court for proceedings consistent with that opinion specifically to hold an evidentiary hearing concerning Burgess's claims of juror misconduct and to determine whether he is entitled to a new trial.

         The foregoing opinion was prepared by Retired Appellate Judge H.W. "Bucky" McMillan while serving on active-duty status as a judge of this court under the provisions of § 12-18-10(e), Ala. Code 1975.

         REVERSED AND REMANDED.

         Wise, P.J., and Welch, Windom, and Kellum, JJ., concur.