Johnson v. State

ON RETURN TO REMAND BOWEN, Judge.

On original submission, the appellant argued that the trial court erred in denying his request to review, for purposes of cross-examination, a report prepared by Investigator Payne. This court found that the procedures followed in the trial court did not fully comply with the requirements of Ex parte Pate, 415 So.2d 1140 (Ala. 1981), and Cooks v. State, 50 Ala.App. 49, 276 So.2d 634, cert, denied, 290 Ala. 363, 276 So.2d 640 (1973), which set out the procedure to be followed by the trial court in determining whether defense counsel is entitled to examine a…