Wheat v. State

*465 On Remand from the Alabama Supreme Court

The Alabama Supreme Court in Wheat v. State, 907 So.2d 461 (Ala.2005), reversed this Court’s judgment in Wheat v. State, 907 So.2d 458 (Ala.Crim.App.2004). Based on the Supreme Court’s opinion, this appeal is due to be dismissed. In compliance with the Supreme Court’s opinion, the circuit court is directed to

“plac[e] in the record a notation stating that the fact of [Wheat’s] conviction removed the presumption of [Wheat’s] innocence, but that the conviction was appealed and it was neither affirmed nor reversed on appeal because [Wheat] died while the…