Ex Parte Faircloth

The petitioner, Michael C. Faircloth, and his cousin, Jim Carl Faircloth, were jointly indicted and tried for attempted rape. Both were convicted and sentenced to 50 years' imprisonment. The Court of Criminal Appeals affirmed their convictions in a single opinion.Faircloth v. State, 471 So.2d 485 (Ala.Crim.App. 1984). Rehearing was denied, and the cousins thereafter filed separate petitions for writ of certiorari in this Court. Jim Carl's petition was denied. Michael's petition was granted in order for this Court to determine whether the Court of Criminal Appeals was correct in holding that…