Neal v. State

I reluctantly concur with the main opinion reversing the circuit court's dismissal of Neal's petition for a writ of habeas corpus. That reversal is based on the Alabama Supreme Court's holding in Ex parteBerry, 794 So.2d 307 (Ala. 2000).

I recognize that this Court is bound by the decisions of the Alabama Supreme Court, see § 12-3-16, Ala. Code 1975, and "is without authority to overrule the decisions of that court." Jones v. City ofHuntsville, 288 Ala. 242, 244, 259 So.2d 288, 290 (1972). Thus, we have no choice but to reverse the circuit court's dismissal of Neal's habeas corpus petition…