Legal Opinion · Concurrence

Hinton v. State

Court of Criminal Appeals of Alabama

Decided December 19, 2008No. CR-04-0940Published

1ConcurrenceBaschab, Presiding Judge

Because this court is bound by the decisions of the Alabama Supreme Court, I am compelled to concur. However, I would *340note that, by allowing Payne to testify, the trial court found, at least implicitly, that he was a qualified and competent firearms expert. Therefore, a remand for findings on the issue is a waste of already scarce judicial resources.

On Return to Second Remand

KELLUM, Judge.

In 1986, Anthony Ray Hinton was convicted of two counts of murder made capital because the murders were committed during the course of a robbery. By a vote of 10-2, the jury recommended that Hinton be…

2Cases cited31 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Ake v. OklahomaSupreme Court of the United States · 1985
  3. Charles Silagy, Cross-Appellant v. Howard Peters, Iii, Warden, Pontiac Correctional Center, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1990
  4. Robert Alton Harris v. Daniel Vasquez, Warden of California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 1991
  5. Kenneth L. Wilson v. Fred W. Greene, Warden, Mecklenburg Correctional CenterCourt of Appeals for the Fourth Circuit · 1998

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