Mason v. State

I concur in the order quashing the writ of certiorari as improvidently granted, but I express the following concerns regarding the standard applied by the Court of Criminal Appeals in reviewing the trial court’s ruling on a motion for a judgment of acquittal in eases decided primarily on circumstantial evidence.

The question Bart Robin Mason presents in his petition is whether the affirmance of his conviction by the Court of Criminal Appeals conflicts with Ex parte Mauricio, 523 So.2d 87 (Ala.1987). See Rule 39(c)(4), Ala.R.App.P. In its unpublished memorandum affirming Mason’s conviction, the…