Supreme Court of Alabama

Ex Parte Earnest Lee Walker (in Re Earnest Lee Walker v. State of Alabama)

January 17, 2014152 So. 3d 1247

Summary

The Supreme Court of Alabama reversed the Court of Criminal Appeals, holding that the appellate court had jurisdiction to review Walker’s appeal of the new ten‑year sentence because a judgment of conviction was entered at the resentencing hearing. The Court reasoned that Rule 32 relief authorizes a new sentencing hearing, which creates a fresh judgment ripe for appeal.