Smith v. State

On February 12, 1985, this court, 475 So.2d 631, unanimously, directed that a further hearing be conducted in District Court in Morgan County, Alabama, to determine whether or not the opinion of the Supreme Court of Alabama in Whisenant v. State, 466 So.2d 1006 (Ala. 1985) was followed in determining the voluntariness of any statement made by Smith at the time of his arrest and interrogation. Pursuant to this court's opinion, the District Court of Morgan County has conducted a full hearing with counsel present and representing the appellant, Timothy Scott Smith.

A complete return has been…