Gilley v. State

Full title: Dale William Gilley, Jr. v. State of Alabama

Court: Court of Criminal Appeals of Alabama

Date published: Jun 28, 2002

841 So. 2d 315 (Ala. Crim. App. 2002)

Opinion

No. CR-01-1371.

Decided June 28, 2002.

Appeal from Cullman Circuit Court (CC-95-10.64); Don L. Hardeman, Judge.

Dale William Gilley, Jr., pro se.

Bill Pryor, atty. gen., and Beth Slate Poe, asst. atty. gen., for appellee.

WISE, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMILLAN, P.J., and COBB, J., concur. SHAW, J., concurs in the result. BASCHAB, J., dissents, with opinion.

BASCHAB, JUDGE, dissenting.

Because I believe the circuit court is in a better position than this court to evaluate the validity of a request for post-conviction DNA testing, I must respectfully dissent. See my dissent in Dowdell v. State, [Ms. CR-01-0610, June 28, 2002] ___ So.2d ___ (Ala.Crim.App. 2002).