Ex parte John Grant ( 2022 )

Rel: December 16, 2022
Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter.
Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue,
Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections
may be made before the opinion is published in Southern Reporter.
Alabama Court of Criminal Appeals
OCTOBER TERM, 2022-2023
_________________________
CR-20-0804
_________________________
Ex parte John Grant
PETITION FOR WRIT OF MANDAMUS
(In re: State of Alabama
v.
John Grant)
Appeal from Montgomery Circuit Court
(CC-20-116)
On Remand from the Alabama Supreme Court
PER CURIAM.
On October 1, 2021, this Court, bound by Ex parte Key, 890 So. 2d
1056 (Ala. 2003), issued an order granting the petition for a writ of
CR-200804
mandamus filed by John Grant, directing the Montgomery Circuit Court
to dismiss Grant's indictment for capital murder. See Ex parte Grant
(No. CR-20-0804, Oct. 1, 2021), ___ So. 3d ___ (Ala. Crim. App. 2021)
(table). The State then petitioned the Alabama Supreme Court for a writ
of certiorari to review this Court's order. The Alabama Supreme Court
issued the writ, and, on September 9, 2022, it issued an opinion in which
it overruled Ex parte Key, reversed this Court's judgment, and directed
this court to quash the previously issued writ of mandamus. Ex parte
Grant, [Ms. 1210198, Sept. 9, 2022] ___ So. 3d ___ (Ala. 2022). This
Court, in compliance with the Alabama Supreme Court's opinion, hereby
quashes the writ of mandamus issued by this Court on October 1, 2021.
WRIT QUASHED.
Windom, P.J., and Kellum, McCool, Cole, and Minor, JJ., concur.
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