Opinion
1101279.
2012-05-18
Ex parte Benito Ocampo ALBARRAN. (In re Benito Ocampo Albarran v. State of Alabama).
Petition for Writ of Certiorari to the Court of Criminal Appeals (Madison Circuit Court, CC–06–1522, Karen K. Hall, Judge; Court of Criminal Appeals, CR–07–2147). Bryan A. Stevenson, Randall W. Susskind, and Kristen M. Nelson of Equal Justice Initiative, Montgomery, for petitioner. Luther Strange, atty. gen., John Neiman, deputy atty. gen., and Thomas R. Govan, Jr., asst. atty. gen., for respondent.
Petition for Writ of Certiorari to the Court of Criminal Appeals (Madison Circuit Court, CC–06–1522, Karen K. Hall, Judge; Court of Criminal Appeals, CR–07–2147).
Bryan A. Stevenson, Randall W. Susskind, and Kristen M. Nelson of Equal Justice Initiative, Montgomery, for petitioner. Luther Strange, atty. gen., John Neiman, deputy atty. gen., and Thomas R. Govan, Jr., asst. atty. gen., for respondent.
Prior report: Ala.Crim.App., 96 So.3d 131. PER CURIAM.
WRIT QUASHED. NO OPINION. WOODALL, STUART, BOLIN, PARKER, MURDOCK, and SHAW, JJ., concur.
MAIN, J., concurs in part and dissents in part.
WISE, J., recuses herself.
MAIN, Justice (concurring in part and dissenting in part).
On November 17, 2011, this Court granted the writ of certiorari as to issue 1 and issue 20 in Benito Ocampo Albarran's petition. I concur in quashing the writ as to issue 20. However, because I would consider issue 1, I dissent from this Court's order insofar as it quashed the writ as to that issue.
Justice Wise was a member of the Court of Criminal Appeals when that court considered this case.