Gray v. State, 658 So. 2d 509

KENNEDY, Justice.

Based upon a review of the record and the opinion of the Court of Criminal Appeals, we conclude that justice requires that we reverse the judgment of the Court of Criminal Appeals, 611 So.2d 495, and remand the case to that court. That court is directed to remand to the trial court for the trial court to determine whether the defendant was denied effective assistance of counsel. See McLeod v. State, 627 So.2d 1065 (Ala.1993), citing Thompson v. State, 525 So.2d 820, 831 (Ala. 1985) (such a remand is proper where “justice would require it”).

REVERSED AND REMANDED.

HORNSBY, C.J., and MADDOX, ALMON, SHORES, ADAMS, HOUSTON and STEAGALL, JJ., concur.

Case Details

Case Name: Gray v. State

Court Name: Supreme Court of Alabama

Date Published: Jun 11, 1993

Citations: 658 So. 2d 509; 1993 Ala. LEXIS 580; 1993 WL 196248; 1920418

Docket Number: 1920418

Court Abbreviation: Ala.