Pate v. State

The Court of Criminal Appeals noted that, according to the trial court, Joseph Lester Pate’s first Kirby motion was denied. See Kirby v. State, 899 So.2d 968 (Ala.2004). If that prior motion was properly considered in compliance with the Court of Criminal Appeals’ decision in Holt v. State, 960 So.2d 726 (Ala.Crim.App. 2006), then the second motion — currently before this Court on certiorari review— was successive. The fact that a Kirby motion is successive is a valid basis, in and of itself, for denying that motion. Hannon v. State, 16 So.3d 818 (Ala.Crim.App.2008).

The Court of Criminal…