State v. Dailey

WELCH, Judge.

This is an appeal by the State of Alabama from an order of the Jefferson Circuit Court granting postconviction relief to Mack Dailey pursuant to Rule 32, Ala. R.Crim. P. Dailey’s petition attacked his November 5, 1997, conviction for capital murder, a violation of § 13A-5-4.0(a)(2), Ala.Code 1975 (murder committed during a first-degree robbery), and his sentence to life in prison without the possibility of parole. The offense was committed when Dailey was 15 years old. On August 28, 1998, this Court affirmed Dailey’s conviction and sentence. See Dailey v. State (No. CR-97-0375),…