Winborn v. State

Full title: Warner Winborn, Jr. v. State of Alabama

Court: Court of Criminal Appeals of Alabama

Date published: Aug 30, 2002

848 So. 2d 273 (Ala. Crim. App. 2002)

Opinion

No. CR-01-1386.

Decided: August 30, 2002. Rehearing Denied October 4, 2002.

Appeal from Elmore Circuit Court (CC-83-222.61).

Warner Winborn, Jr., pro se.

William H. Pryor, Jr., atty. gen., and James B. Prude, asst. atty. gen., for appellee.

WISE, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

McMillan, P.J., and Cobb, J. concur. Shaw, J., concurs in the result, with opinion. Baschab, J., dissents, with opinion.

SHAW, Judge, concurring in the result.

I concur in the result. See my special writing in Dowdell v. State, [Ms. CR-01-0610, June 28, 2002] ___ So.2d ___ (Ala.Crim.App. 2002).

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).