Gary David Smith v. State Alabama Ex Parte

ON REHEARING On application for rehearing, the defendant contends that this case is substantially different from Ex parte: State of Alabama ex rel. Attorney General, In re: Pope v. State, (Decided July 16, 1976) Ala., 345 So.2d 1385. We also note a substantial difference in the factual situation, but we are of the opinion that, upon remand, the Court of Criminal Appeals will be able to determine, by use of its supervisory powers, whether the defendant has been, or can be, afforded as adequate a review as a non-indigent. As we have pointed out further, on rehearing, in Pope, today, citing the recent decision of the Supreme Court of the United States, in Estelle v. Williams, 425 U.S. 501, 96 S. Ct. 1691, 48 L. Ed. 2d 126 (1976):