Fortier v. State

In 1984, Kenneth Joseph Fortier, Jr., was convicted of robbery in the first degree and sentenced as a habitual offender to life imprisonment without the possibility of parole. That conviction was reversed on appeal on the finding by this Court that incriminating evidence was found as a direct result of police interrogation of the defendant after he had unequivocally invoked his Fifth Amendment right to counsel.Fortier v. State, 515 So.2d 101, 110 (Ala.Cr.App. 1987), cert. denied, 484 U.S. 1043, 108 S.Ct. 776, 98 L.Ed.2d 862 (1988).

On remand, the defendant filed a motion to dismiss the…