Supreme Court of Alabama

Ex Parte Robert Shawn Ingram (in Re Robert Shawn Ingram v. State of Alabama)

March 19, 20102010 Ala. LEXIS 45

Summary

The Supreme Court of Alabama reversed the Court of Criminal Appeals' affirmation of the trial court's June 8, 2004 order denying Ingram’s Rule 32 petition, holding that the order did not reflect the trial court’s independent findings and conclusions. The Court found the order’s erroneous statements about the trial judge’s personal knowledge fatal, and remanded for the lower courts to consider Ingram’s pending motions and Rule 32 petition. Justice Lyons and Justice Murdoch each filed concurring opinions, with Justice Lyons noting the novel question of adopting a party‑prepared order without proper judicial review.