Strickland v. State

On Rehearing after Remandment

The Attorney General would have us. withdraw our last opinion and judgment for two reasons.

First j he would have us treat Davis, v. Holman, op. cit., supra, as being solely Davis’s case. The denial of certiorari by the Supreme Court of the United States is; not a decision on the merits. See House v. Mayo, 324 U.S. 42, 65 S.Ct. 517, 89 L.Ed. 739; Louisville & N. R. Co. v. Bayles, 275 Ala. 206, 153 So.2d 639.

With this generalization we agree in theory. Practically, however, we know that the Fifth Circuit has considered the law of case in its decision in Davis.

Though…