(In re: State of Alabama v. John Grant) (2022)

Court of Criminal Appeals of Alabama.

Ex parte John GRANT (IN RE: State of Alabama v. John Grant)

CR-20-0804

Decided: December 16, 2022

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 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 ––––, 2022 WL 4115310 (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.

PER CURIAM.

Windom, P.J., and Kellum, McCool, Cole, and Minor, JJ., concur.

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