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SUPREME COURT OF ALABAMA

SPECIAL TERM, 2008

1070388

Ex parte Jeff Green
PETITION FOR WRIT OF CERTIORARI
TO THE COURT OF CRIMINAL APPEALS
(In re: Jeff Green
v.
State of Alabama)

(Houston Circuit Court, CC-03-479 and CC-03-1073;
Court of Criminal Appeals, CR-05-1597)

WOODALL, Justice.

Jeff Green sought certiorari review of a judgment of the
Court of Criminal Appeals, which affirmed a judgment of the
Houston Circuit Court denying Green's petition for

postconviction relief pursuant to Rule 32, Ala. R. Crim. P.

Green's Rule 32 petition sought relief from convictions for

the unlawful manufacturing and possession of a controlled

substance on the ground that his trial counsel was

ineffective. We reverse and remand.

I. Factual Background

Green's arrest and convictions arose out of a warrant

executed for the search of a residence occupied by Green and

three other individuals. The warrant was issued by a Houston

County district judge upon the affidavit of Officer Thomas

Flathman; Officer Flathman's affidavit stated, in pertinent

part:

"I have probable cause and do believe that
located at ---- Hubbard Rd. Wicksburg Houston County
Alabama, there is now being concealed certain
property namely Methamphetamine and that the
following facts tend to establish the facts thereof:
I am Off. Thomas Flathman of the Dothan Police
Department and I have received information from a
confidential informant that Jeff Green is
manufacturing and selling methamphetamine inside of
the residence and in the shed beside of the
residence. The confidential informant also stated
that Paula Anderson resides at the residence.  ----
Hubbard Road is the address Anderson used on
September 21st 2002 when Off. Elkins arrested her
for a felony narcotics violation. Both Green and
Anderson have prior arrests for narcotics
violations. Dothan Swat team snipers have observed
continuous foot traffic between the residence and

the shed. They have also smelled a strong acidic
chemical odor coming from the property that is
consistent with the manufacture of methamphetamine.

"Affiant shows that, based on the above and
foregoing facts and information, affiant has
probable cause to believe that the above described
property is concealed upon the aforesaid premises
and is subject to seizure and makes this affidavit
so that a warrant may issue to search the said
premises."

The judge signed the warrant at his residence at 12:08 a.m.

Hours after the warrant was issued, Officer Flathman and
at least three other police officers searched the shed, where
they discovered and seized what has been described as a
"methamphetamine lab."  A search of the residence yielded
various smoking devices and a plastic container that tested
positive for methamphetamine residue. Green was indicted for
first-degree manufacturing of methamphetamine in violation of
Ala. Code 1975,

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