Ex Parte Stout

We granted this petition for writ of certiorari to determine whether holding the pre-trial suppression hearing without Stout's presence was a denial of Stout's due process rights under the Alabama and United States Constitutions and, if so, whether it resulted in reversible error.

Cecil Ray Stout was convicted of theft of property in the first degree in violation of Ala. Code 1975, § 13A-8-3, and was sentenced to life imprisonment as a habitual offender.

The evidence presented by the State showed that Ms. Ethel Covington received a phone call from Stout, who identified himself as being with the…