McCartha v. State

WELCH, Presiding Judge,

concurring in part and dissenting in part as substituted on application for rehearing on May 27, 2011.

When this Court issued its opinion on original submission in this case on March 25, 2011, I issued a special writing concurring in part and dissenting in part. On application for rehearing, I withdraw that special writing and substitute the following therefor.

I concur in the majority’s affirmance of the circuit court’s denial of the relief requested as to the substantive claims in *1020Tony Mark McCartha’s second Rule 32, Ala. R.Crim. P., petition. However, I respectfully…