Lamb v. State

Because I believe that the circuit court did not merely correct a “clerical error” when it directed the jury foreman to change the verdict form for count II from *683“not guilty” to “guilty” after the jury had been discharged, I respectfully dissent from the majority’s decision to affirm the circuit court’s summary dismissal of Lamb’s Rule 32, Ala. R.Crim. P., petition.

“Generally, a jury has the right to correct, amend, or change its verdict at any time before rendering its decision to the court, and the court has the power and duty to return the jury to correct a mistake before accepting the…