Barclay v. State

On Application for Rehearing on Return to Remand

WELCH, Judge.

On October 24, 2008, this Court issued an unpublished memorandum dismissing Don Robert Barclay’s appeal on return to remand, following our original remand, Barclay v. State, 39 So.3d 209 (Ala.Crim.App.2008), and the circuit court’s granting of the relief sought by Barclay pursuant to his Rule 32, Ala. R.Crim. P.. We now withdraw that unpublished memorandum, and substitute the following therefor.

Don Robert Barclay appealed from the circuit court’s summary denial of his Rule 32, Ala. R.Crim. P., petition. The petition sought relief…