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Ex parte Tatum

Supreme Court of Alabama

October 24, 2014

Ex parte Terry Tatum;
v.
State of Alabama) (In re: Terry Tatum

Released for Publication June 17, 2015.

(St. Clair Circuit Court, CC-90-107; CC-90-108; and CC-90-109; Court of Criminal Appeals, CR-13-1132). Billy R. Weathington, Trial Judge.

Terry Tatum, Pro se.

STUART, Justice. Bolin, Parker, Murdock, Shaw, Main, Wise, and Bryan, JJ., concur. Moore, C.J., dissents.

OPINION

PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS

STUART, Justice.

WRIT DENIED. NO OPINION.

Bolin, Parker, Murdock, Shaw, Main, Wise, and Bryan, JJ., concur.

Moore, C.J., dissents.

DISSENT

MOORE, Chief Justice (dissenting).

I respectfully dissent from the Court's decision to deny Terry Tatum's petition for a writ of certiorari because I believe that, for purposes of reconsidering an inmate's sentence pursuant to § 13A-5-9.1, Ala. Code 1975 (repealed effective March 13, 2014, by Act No. 2014-165, Ala. Acts 2014),[1] a circuit court must require the Department of Corrections to submit an inmate evaluation to the court.

Page 675

Tatum was convicted of two counts of first-degree sodomy, violations of § 13A-6-63, Ala. Code 1975, and one count of first-degree rape, a violation of § 13A-6-61, Ala. Code 1975. He was sentenced as a habitual felony offender to life imprisonment without the possibility of parole for each conviction. In December 2013, he filed the underlying motion for sentence reconsideration,[2] his second, and the circuit court denied the motion. Tatum appealed the denial of his motion to the Court of Criminal Appeals. On August 15, 2014, the Court of Criminal Appeals affirmed the circuit court's denial of Tatum's motion in an unpublished memorandum. Tatum v. State (No. CR-13-1132, August 15, 2014), So.3d (Ala.Crim.App. 2014)(table). Tatum now petitions this Court for a writ of certiorari to review the Court of Criminal Appeals' ...


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