Carmichael v. State

COBB, Judge.

This case was originally assigned to another judge on the Alabama Court of Criminal Appeals. It was reassigned to Judge Cobb on January 17,1995.

*881Leon Carmichael, Jr., filed a Rule 82, Ala.R.Crim.P., petition with the Montgomery Circuit Court challenging his convictions for murder and possession of an unlawful substance. The trial court denied the petition saying it was successive.

“The court in Blount v. State, [572 So.2d 498 (Ala.Crim.App.1990) ] clearly held that, ‘before a subsequent petition can be deemed successive, a previous petition must have been considered on its merits,’…