Apicella v. State

After Remand from the Alabama Supreme Court

WELCH, Presiding Judge.

In Ex parte Apicella, 87 So.3d 1150 (Ala.2011), the Alabama Supreme Court reversed the judgment of this Court insofar as it affirmed the circuit court’s decision to strike Apieella’s third amendment to his Rule 32, Ala. R.Crim. P., petition.

The third amendment was filed after this Court reversed the circuit court’s judgment in Apicella v. State, 945 So.2d 485 (Ala.Crim.App.2006)(“ApiceMa III ”), dismissing Apicella’s second amended petition and remanded the case. The directions on remand included that the circuit court should…