Legal Opinion · Dissent

Andrews v. State

Court of Criminal Appeals of Alabama

Decided March 18, 2011No. CR-09-1675Published

1DissentWelch, Presiding Judge

I respectfully dissent from the majority’s order remanding this case to the Montgomery Circuit Court for that court to review James Earl Andrews’s claim, presented in a Rule 32, Ala. R.Crim. P., petition, that he should be allowed to withdraw his guilty plea. The order directs the circuit court to conduct additional proceedings and to issue findings of fact resolving whether Andrews knew before entering his guilty plea that the trial court intended to reject a plea agreement Andrews had entered into with the State. I believe that the record affirmatively shows that Andrews entered his guilty…

2Cases cited4 opinions

  1. Ex Parte WalkerSupreme Court of Alabama · 1994
  2. Wallace v. StateCourt of Criminal Appeals of Alabama · 1997
  3. Johnson v. StateCourt of Criminal Appeals of Alabama · 2003
  4. Waters v. StateCourt of Criminal Appeals of Alabama · 2006

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