Legal Opinion · Concurrence

Granger v. State

Court of Criminal Appeals of Alabama

Decided April 29, 2005No. CR-03-1596Published

1ConcurrenceCobb, Judge

I disagree with the majority’s holding in its unpublished memorandum that we cannot consider any arguments raised during the hearing on Willie Lamar Granger’s motion to withdraw the guilty plea that were not part of the original motion because the hearing was untimely. I disagree because, for the reasons stated in my dissent in Taylor v. State, 905 So.2d 36 (Ala.Crim.App.2005) (Cobb, J., dissenting), I believe this Court erred in holding that the Alabama Supreme Court in Ex parte Heard, [Ms. 1020241, December 19, 2003] — So.2d- (Ala.2003), overruled Underwood v. State, 879 So.2d 611…

2Cases cited2 opinions

  1. Underwood v. StateCourt of Criminal Appeals of Alabama · 2003
  2. Taylor v. StateCourt of Criminal Appeals of Alabama · 2005

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