Kirby v. State

The State petitioned this Court for a writ of certiorari to review an order entered by the Court of Criminal Appeals dismissing an appeal filed by Junior Mack Kirby; we granted certiorari review. We reverse the Court of Criminal Appeals' order dismissing Kirby's appeal. Because this case presents an issue of first impression, we have invoked § 12-3-14, Ala. Code 1975, thereby transferring this appeal from the Court of Criminal Appeals to this Court.1

I. Factual Background and Procedural History

Junior Mack Kirby was convicted in 1990 of trafficking in controlled substances and was sentenced…