Brooks v. State

Full title: Willie J. BROOKS v. STATE

Court: Court of Criminal Appeals of Alabama

Date published: Oct 1, 2004

897 So. 2d 1021 (Ala. Crim. App. 2004)

Opinion

CR-02-0788.

October 1, 2004.

Appeal from Escambia Circuit Court (CV-02-269.60), Bradley E. Byrne, Judge.

Willie J. Brooks, pro se.

Andrew W. Redd, gen. counsel, and Albert Sim Butler, asst. gen. counsel, Department of Corrections, for appellee.

After Remand from the Alabama Supreme Court

McMILLAN, Presiding Judge.

On August 22, 2003, this Court affirmed the dismissal of Willie J. Brooks's petition for writ of habeas corpus, in an unpublished memorandum. Brooks v. State, (No. CR-02-0788), 886 So.2d 182 (Ala.Crim.App. 2003) (table). In Ex parte Brooks, [Ms. 1030462, June 25, 2004] ___ So.2d ___ (Ala. 2004), the Alabama Supreme Court reversed the judgment of this Court on the authority of Ex parte Floyd, 457 So.2d 961 (Ala. 1984). Therefore, the judgment of the circuit court is reversed and this cause is remanded to the circuit court for further proceedings consistent with the Supreme Court's opinion.

REVERSED AND REMANDED.

COBB, BASCHAB, SHAW, and WISE, JJ., concur.