Ex Parte Garner

Chief Justice Cobb’s special writing, concurring in part and dissenting in part, concludes that Carthell Garner adequately stated a conflict between the Court of Criminal Appeals’ unpublished memorandum in his case, Garner v. State (No. CR-08-0187, July 31, 2009), — So.3d - (Ala.Crim.App.2009) (table), and Grimsley v. State, 632 So.2d 547 (Ala.Crim.App.1993). Garner’s petition includes a fragmentary quote from the Court of Criminal Appeals’ unpublished memorandum and attempts to take the quote beyond its context.

Garner points solely to the following statement in the Court of Criminal Appeals’…