Knight v. State

I respectfully dissent.

This is James Sheridan Knight’s third motion filed under Ala.Code 1975, § 13A-5-9.1, seeking a reconsideration of his sentence. The July 25, 2007, administrative order of the presiding judge of the Montgomery Circuit Court directs the assignment of such motions to the sentencing judge or, if the sentencing judge is no longer on the bench, to either (1) the judge now occupying the seat of the sentencing judge or (2) “a Circuit Judge.”

It seems without challenge that an appointment under option (1) would be appropriate in this case. See Owens v. State, 39 So.3d 1183…