Legal Opinion · Concurrence

Scott v. State

Court of Criminal Appeals of Alabama

Decided November 23, 2005No. CR-04-2065Published

1Concurrence

I concur to overrule Schoenberger v. City ofDecatur, 772 So.2d 483 (Ala.Crim.App. 2000), and to hold that, on appeal from a district court's ruling on a Rule 32 petition, a circuit court should conduct a limited review, in the nature of certiorari review, of the district court's action. With respect to the remainder of the opinion, I concur only in the result.

2Cases cited1 opinion

  1. Schoenberger v. City of DecaturCourt of Criminal Appeals of Alabama · 2000