Supreme Court of Alabama

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

June 20, 2014157 So. 3d 881

Summary

Chief Justice Moore dissents from the Supreme Court of Alabama's denial of a petition for a writ of certiorari filed by inmate Robert Gill. He argues that the Habitual Felony Offender Act and § 13A‑5‑9.1 require courts to consider Department of Corrections evaluations, not merely the nature of the underlying offense, when determining a non‑violent status for sentence reconsideration. Moore contends that the circuit court erred by deeming Gill a violent offender solely because he was armed during the robbery and urges the Court to grant certiorari.