Ex Parte McCombs

Brandon T. McCombs filed this petition for a writ of mandamus directing Judge Clyde E. Jones to set aside his order denying McCombs’s motion to bar his second trial for murder based on double-jeopardy grounds after we reversed McCombs’s conviction for manslaughter following his first trial. McCombs was indicted on a charge of murder, a violation of § 13A-6-2, Ala.Code 1975. He was tried and convicted of the lesser-included offense of manslaughter, and he appealed. On appeal, this Court held that McCombs had been denied the effective assistance of counsel because his attorney had instructed…