Dierking v. State

Supreme Court of Alabama

Dierking v. State

893 So. 2d 1088, 2004 Ala. LEXIS 17, 2004 WL 226111

CourtSupreme Court of Alabama

DecidedFebruary 6, 2004

Docket1030469

StatusPublished

Cited by1 cases

This text of 893 So. 2d 1088 (Dierking v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Dierking v. State, 893 So. 2d 1088, 2004 Ala. LEXIS 17, 2004 WL 226111 (Ala. 2004).

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Opinion

WOODALL, Justice.

We hereby suspend the provisions of Rule 39(g) and (h), Ala. RApp. P., which allow the respondent to file a brief, and we summarily grant the writ. See Ex parte Gardner, [Ms. 1030309, January 27, 2004] — So.2d-(Ala.2004), and Court Comment of January 27, 2004, to Amendment to Rule 32.2, attached as an appendix to the opinion in Ex parte Gardner (a defendant whose triggering date for filing a Rule 32, Ala. R.Crim. P., petition occurred on or before July 31, 2001, has two years from the triggering date in which to file his or her petition).

Because the triggering date in Dierk-ing’s case was June 8, 2001, his postconviction petition, filed on June 4, 2003, was timely. Therefore, we reverse the judgment of the Court of Criminal Appeals and remand the cause for further proceedings consistent with this opinion and with Ex parte Gardner.

WRIT GRANTED; REVERSED AND REMANDED.

HOUSTON, SEE, LYONS, BROWN, JOHNSTONE, HARWOOD, and STUART, JJ., concur.

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WOODALL, Justice.

We hereby suspend the provisions of Rule 39(g) and (h), Ala. RApp. P., which allow the respondent to file a brief, and we summarily grant the writ. See Ex parte Gardner, [Ms. 1030309, January 27, 2004] — So.2d-(Ala.2004), and Court Comment of January 27, 2004, to Amendment to Rule 32.2, attached as an appendix to the opinion in Ex parte Gardner (a defendant whose triggering date for filing a Rule 32, Ala. R.Crim. P., petition occurred on or before July 31, 2001, has two years from the triggering date in which to file his or her petition).

Because the triggering date in Dierk-ing’s case was June 8, 2001, his postconviction petition, filed on June 4, 2003, was timely. Therefore, we reverse the judgment of the Court of Criminal Appeals and remand the cause for further proceedings consistent with this opinion and with Ex parte Gardner.

WRIT GRANTED; REVERSED AND REMANDED.

HOUSTON, SEE, LYONS, BROWN, JOHNSTONE, HARWOOD, and STUART, JJ., concur.

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893 So. 2d 1088, 2004 Ala. LEXIS 17, 2004 WL 226111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dierking-v-state-ala-2004.

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