Supreme Court of Alabama

Ex Parte Terry Tatum. (in Re Terry Tatum v. State of Alabama)

October 24, 2014166 So. 3d 674

Summary

The Supreme Court of Alabama denied Terry Tatum's petition for a writ of certiorari, leaving the Court of Criminal Appeals' denial of his sentence‑reconsideration motion intact. Chief Justice Moore filed a dissent arguing that §13A‑5‑9.1 requires a circuit court to order the Department of Corrections to submit an inmate evaluation, and that the Court of Criminal Appeals erred in interpreting the statute. The dissent cites Kirby and Holt as being misapplied. The majority issued no substantive opinion beyond the denial.