Opinion
CR–11–1866.
2014-06-13
STATE of Alabama v. Justin Andrew BAILEY. State of Alabama v. Jennifer Leigh Clayton.
Appeal from Montgomery Circuit Court (CC–11–913, CC–11–914); William A. Shashy, J. Luther Strange, atty. gen., and Michael G. Dean, asst. atty. gen., for appellant. Branch Donelson Kloess, Montgomery, for appellee Justin Andrew Bailey.
Appeal from Montgomery Circuit Court (CC–11–913, CC–11–914); William A. Shashy, J.
Luther Strange, atty. gen., and Michael G. Dean, asst. atty. gen., for appellant.Branch Donelson Kloess, Montgomery, for appellee Justin Andrew Bailey.
Raymond E. Johnson, Montgomery, for appellee Jennifer Leigh Clayton.
On Remand from the Alabama Supreme Court
, Judge.
Natasha Rae Lee and codefendants Justin Andrew Bailey and Jennifer Leigh Clayton filed separate motions to suppress the evidence seized from two separate warrantless searches of their apartment on January 7, 2011, and January 28, 2011, as well as searches of their person on January 28, 2011. The Montgomery Circuit Court granted the motions. The State appealed.
On rehearing, this Court in State v. Lee, 155 So.3d 278 (Ala.Crim.App.2013), affirmed the trial court's order granting the motions to suppress the evidence seized as a result of the January 7 search of the apartment and the January 28 searches of Lee, Bailey, and Clayton. This Court reversed that part of the trial court's order granting the motion to suppress the evidence seized as a result of the January 28 search of the apartment. The Alabama Supreme Court granted the State's petition for certiorari review in case no. CR–11–1866 (Bailey) and case no. CR–11–1867 (Clayton) as to the January 7 search of the apartment and reversed this Court's judgment. State v. Clayton, 155 So.3d 290 (Ala.2014).
The Alabama Supreme Court denied Lee's petition for a writ of certiorari in case no. CR–11–1865.
In accordance with the Alabama Supreme Court's opinion in Clayton, we reverse that part of the circuit court's order granting the motions to suppress the evidence seized as a result of the January 7 search of the apartment, and remand these cases to the circuit court for proceedings consistent with the Alabama Supreme Court's opinion in Clayton.
CR–11–1866—REVERSED AND REMANDED.
CR–11–1867—REVERSED AND REMANDED.
WINDOM, P.J., and WELCH, KELLUM, and BURKE, JJ., concur.