Whisenhant v. State, 1 Div. 333

Decision Date26 June 1984
Docket Number1 Div. 333
Citation482 So.2d 1249
PartiesThomas Warren WHISENHANT v. STATE of Alabama.
CourtAlabama Court of Criminal Appeals

Appeal from Mobile Circuit Court.

ON REMAND FROM SUPREME COURT OF ALABAMA

TYSON, Judge.

This cause is remanded to the Circuit Court of Mobile County, Alabama, to conduct a new sentencing hearing in this cause on authority of Whisenhant v. State, 482 So.2d 1247 (Ala.1984), rehearing overruled June 15, 1984.

REMANDED FOR NEW SENTENCING HEARING.

All the Judges concur.

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7 cases
  • Bush v. State
    • United States
    • Alabama Court of Criminal Appeals
    • December 1, 1995
    ...part, 482 So.2d 1241, 1245 (Ala.1983), rev'd on other grounds, 482 So.2d 1247 (Ala.), remanded for new sentencing hearing, 482 So.2d 1249 (Ala.Cr.App.1984). The result of Giles and Whisenhant is founded on the defendant's failure to prove bias on the part of the trial Rutledge v. State, 523......
  • Smith v. State
    • United States
    • Alabama Court of Criminal Appeals
    • August 24, 1990
    ...part, 482 So.2d 1241 (Ala.), on remand, 482 So.2d 1246 (Ala.Cr.App.1983), rev'd and remanded, 482 So.2d 1247 (Ala.), on remand, 482 So.2d 1249 (Ala.Cr.App.1984). In Whisenhant, we " 'It has been specifically held that remarks by the prosecutor which accuse the defendant of a commission of a......
  • Whisenhant v. State, 1 Div. 333
    • United States
    • Alabama Court of Criminal Appeals
    • August 23, 1988
    ...remanding the case to this court with directions that this cause be remanded to the trial court 482 So.2d 1247 (Ala.1984). On June 26, 1984, 482 So.2d 1249, the Alabama Court of Criminal Appeals remanded this cause to the Circuit Court of Mobile County for a new sentencing hearing pursuant ......
  • Clark v. State
    • United States
    • Alabama Court of Criminal Appeals
    • December 1, 2000
    ...502 U.S. 970, 112 S.Ct. 445, 116 L.Ed.2d 463 (1991), quoting Ex parte Whisenhant, 482 So.2d 1247, 1249 (Ala.1984), on remand, 482 So.2d 1249 (Ala.Crim.App.1984). Although we believe that an argument like the one made by the prosecutor in this case would, in some circumstances, warrant rever......
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