EX PARTE SMITH

Citation908 So.2d 302
PartiesEx parte Kenneth Eugene SMITH. (In re Kenneth Eugene Smith v. State of Alabama).
Decision Date18 March 2005
CourtSupreme Court of Alabama

Christopher M. Johnson and Charlotta Norby, Atlanta, Georgia, for petitioner.

William H. Pryor, Jr., atty. gen., Nathan A. Forrester, deputy atty. gen., and George Martin and Henry M. Johnson, asst. attys. gen., for respondent. SMITH, Justice.1

The writ of certiorari is quashed as having been improvidently granted. Our quashing of the writ should not be construed as approving all the language, reasons, or statements of law in the Court of Criminal Appeals' opinion, including its discussion of Rule 3.3, Ala. R.Crim. P. Horsley v. Horsley, 291 Ala. 782, 280 So.2d 155 (1973). See also Moore v. Crocker, 852 So.2d 89 (Ala.2002).

WRIT QUASHED.

NABERS, C.J., and SEE, LYONS, HARWOOD, WOODALL, STUART, BOLIN, and PARKER, JJ., concur.

1. This case was originally assigned to another Justice; it was reassigned to Justice Smith on January 17, 2005.

To continue reading

Request your trial
5 cases
  • Phillips v. State
    • United States
    • Alabama Court of Criminal Appeals
    • 18 Diciembre 2015
    ...v. State, 585 So. 2d 223, 225 (Ala. Crim. App. 1991).’ " Smith v. State, 908 So. 2d 273, 295 (Ala. Crim. App. 2000), cert. quashed, 908 So. 2d 302 (Ala. 2005), cert. denied, Smith v. Alabama, 546 U.S. 928, 126 S. Ct. 148, 163 L. Ed. 2d 277 (2005)." ‘ "A trial court has broad discretion in f......
  • Smith v. Dunn
    • United States
    • U.S. District Court — Northern District of Alabama
    • 12 Septiembre 2019
    ...Smith's certiorari petition on June 4, 2003, but subsequently quashed the writ, as having been improvidently granted. Ex parte Smith, 908 So. 2d 302 (Ala. 2005). The United States Supreme Court denied Smith's petition for a writ of certiorari. Smith v. Alabama, 546 U.S. 928 (2005). Smith ti......
  • Whatley v. State
    • United States
    • Alabama Court of Criminal Appeals
    • 17 Enero 2014
    ...Smith v. State, 585 So.2d 223, 225 (Ala.Crim.App.1991).”Smith v. State, 908 So.2d 273, 295 (Ala.Crim.App.2000), cert. quashed, 908 So.2d 302 (Ala.2005), cert. denied, Smith v. Alabama, 546 U.S. 928, 126 S.Ct. 148, 163 L.Ed.2d 277 (2005). “ ‘A trial court has broad discretion in formulating ......
  • Smith v. State
    • United States
    • Alabama Court of Criminal Appeals
    • 17 Diciembre 2010
    ...Supreme Court granted certiorari review, and then quashed the writ of certiorari as having been improvidently granted. Ex parte Smith, 908 So.2d 302 (Ala.2005). Review was denied by the United States Supreme Court. Smith v. Alabama, 546 U.S. 928, 126 S.Ct. 148, 163 L.Ed.2d 277 (2005).On Mar......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT