Ex Parte Deramus

The defendant, Christopher Deramus, petitioned this Court for a writ of certiorari to review whether the Court of Criminal Appeals erred in affirming the trial court's judgment dismissing Deramus's petition for a writ of habeas corpus. See Deramus v.State, (No. CR-00-2420, August 16, 2002) ___ So.2d ___ (Ala.Crim.App. 2002) (table). We granted certiorari review.1 For the reasons discussed below, we reverse the judgment of the Court of Criminal Appeals.

We adopt the statement of facts set forth by this Court in Exparte Deramus, 882 So.2d 875 (Ala. 2002):

"Christopher Deramus was convicted of…