Ex parte O'Leary
Decision Date | 08 July 1983 |
Citation | 438 So.2d 1372 |
Parties | Ex parte Daniel P. O'LEARY. (Re Daniel P. O'Leary v. State of Alabama). 82-549. |
Court | Alabama Supreme Court |
W. Kenneth Gibson, Fairhope, for petitioner.
Charles A. Graddick, Atty. Gen., and J. Anthony McLain and James F. Hampton, Sp. Asst. Attys. Gen., for respondent.
O'Leary was convicted on a charge of possession of marijuana in the Circuit Court of Baldwin County on July 31, 1978, and sentenced to 15 years in the state penitentiary. The Court of Criminal Appeals of Alabama reversed and remanded for a new trial by holding that O'Leary was never arraigned on the charge for which he was indicted and convicted. O'Leary v. State, 417 So.2d 214 (Ala.Cr.App.1980). This court granted the State's petition for writ of certiorari and reversed the judgment of the Court of Criminal Appeals. This court held that there was sufficient evidence to support the trial court's finding that O'Leary was arraigned. On remand, the Court of Criminal Appeals proceeded to review all issues presented on appeal other than the arraignment issue, O'Leary v. State, 417 So.2d 219 (Ala.Cr.App.1981), and decided those issues adversely to O'Leary and affirmed his conviction. Again, this court granted a petition for writ of certiorari to the Court of Criminal Appeals, O'Leary v. State, 417 So.2d 232 (Ala.1982), and affirmed.
This case is here on certiorari following later proceedings. The principal issue in this review that was discussed by this court in the last review is O'Leary's contention that the Court of Criminal Appeals erred when it did not reverse the trial court's ruling denying his motion for new trial based on false answers given by the jury foreman during the voir dire examination of prospective jurors. This was Justice Embry's answer upon our earlier consideration of the issue:
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