Opinion
[Copyrighted Material Omitted] [Copyrighted Material Omitted] [Copyrighted Material Omitted] [Copyrighted Material Omitted] [Copyrighted Material Omitted] [Copyrighted Material Omitted] [Copyrighted Material Omitted] Appeal from Houston Circuit Court. (CC-97-270). Charles L. Little.
For Appellant: John Christopher Capps and Robert Aaron Gartlan, Dothan; Kathleen M. Nemish, Dothan (withdrew 10/15/2003; and Angela L. Setzer and Bryan A. Stevenson, Montgomery.
For Appellee: William H. Pryor, Jr., and Troy King, attys. gen., and Kathryn D. Anderson, Michael A. Nunnelley, and Beth Jackson Hughes, asst. attys. gen.
BASCHAB, PRESIDING JUDGE. McMillan, Shaw Wise, and Welch, JJ., concur.
Note from the reporter of decisions: On the prior actions in this case, Judge Shaw recused himself. When the case was resubmitted on return to remand in 2005, the reason for Judge Saw's recusal had been removed, and he sat in consideration of the case.
OPINION On Remand from the Alabama Supreme Court
BASCHAB, PRESIDING JUDGE
In accordance with the Alabama Supreme Court's opinion in Smith v. State, [Ms. 1060427, May 25, 2007] ___ So.2d ___, 213 So.3d 239, (Ala. 2007), we remand this case to the trial court with instructions that that court conduct proceedings that are consistent with that opinion. On remand, the trial court shall take all necessary action to see that the circuit clerk makes due return to this court at the earliest possible time and within 56 days after the release of this opinion. The return to remand shall include the trial court's written findings of fact and a transcript of the Atkins hearing.
REMANDED WITH INSTRUCTIONS.
McMillan, Shaw, Wise, and Welch, JJ., concur.