Ex Parte Joseph Lester Pate. (in Re Joseph Lester Pate v. State of Alabama)

Summary

The Supreme Court of Alabama reversed the Court of Criminal Appeals, holding that the appellate court erred in refusing to review the trial court’s denial of Pate’s sentence‑modification (Kirby) motion, and remanded for that issue to be reconsidered. Justice Shaw dissented, arguing the trial court had properly considered the first Kirby motion and that the second motion was successive.