Ex Parte Green

For the reasons discussed below, I respectfully dissent.

I find the cases of Lewis v. State, 589 So.2d 758 (Ala.Crim.App.1991), Nelms v. State, 568 So.2d 384 (Ala.Crim.App.1990), and Thomas v. State, 353 So.2d 54 (Ala.Crim.App.1977), to be distinguishable from the present case. The problematic, past-tense verb usage in each of these cases was part of the informant’s statement and was in reference to the occurrence at some unknown time in the past of the illegal activity itself or the informant’s observation of that activity.2 In contrast, in the present case the “past tense” reference is found…