Ex Parte McCall

SEE, Justice.

The Court of Criminal Appeals affirmed the trial court’s dismissal of Willie Albert McCall’s Rule 32, Ala. R.Crim. P., petition for postconviction relief. This Court granted McCall’s petition for the writ of certiorari to address a possible conflict between the Court of Criminal Appeals’ decision and this Court’s decision in Ex parte Grau, 791 So.2d 345 (Ala.2000). We hold that the Court of Criminal Appeals’ judgment conflicts with prior caselaw, and we therefore reverse that judgment and remand this case.

Facts and Procedural History

Willie Albert McCall was indicted and tried for…