Fisher v. State

Court of Criminal Appeals of Alabama

Fisher v. State

668 So. 2d 876, 1995 Ala. Crim. App. LEXIS 6, 1995 WL 11496

CourtCourt of Criminal Appeals of Alabama

DecidedJanuary 13, 1995

DocketCR-93-0790

StatusPublished

This text of 668 So. 2d 876 (Fisher v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fisher v. State, 668 So. 2d 876, 1995 Ala. Crim. App. LEXIS 6, 1995 WL 11496 (Ala. Ct. App. 1995).

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Opinion

MONTIEL, Judge.

The appellant, Timothy Fisher, appeals the summary dismissal of his Rule 32, Ala. R.Crim.P., petition. The circuit judge noted the following on the case action summary: “Petition for relief is dismissed. Defendant has new pending case. Will litigate issue of prior felony conviction at that time.” (C. 23.)

Both the state and the trial court have requested that we remand this case for a clarification of this dismissal order. Therefore, we remand this cause with directions that the trial judge take whatever action he deems necessary to properly address this petition in accordance with the provisions of Rule 32. He may summarily dismiss the petition with a proper written order pursuant to Rule 32.7(d), Ala.R.Crim.P., and Sheats v. State, 556 So.2d 1094 (Ala.Crim.App.1989) or he may adjudicate the petition on its merits in an evidentiary hearing pursuant to Rule 32.9, Ala.R.Crim.P. On return to remand, the circuit court shall include the record and transcript, if any, of the proceedings.

Due return shall be made to this court within 56 days of the date of this opinion.

REMANDED WITH DIRECTIONS.

All the Judges concur.

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MONTIEL, Judge.

The appellant, Timothy Fisher, appeals the summary dismissal of his Rule 32, Ala. R.Crim.P., petition. The circuit judge noted the following on the case action summary: “Petition for relief is dismissed. Defendant has new pending case. Will litigate issue of prior felony conviction at that time.” (C. 23.)

Both the state and the trial court have requested that we remand this case for a clarification of this dismissal order. Therefore, we remand this cause with directions that the trial judge take whatever action he deems necessary to properly address this petition in accordance with the provisions of Rule 32. He may summarily dismiss the petition with a proper written order pursuant to Rule 32.7(d), Ala.R.Crim.P., and Sheats v. State, 556 So.2d 1094 (Ala.Crim.App.1989) or he may adjudicate the petition on its merits in an evidentiary hearing pursuant to Rule 32.9, Ala.R.Crim.P. On return to remand, the circuit court shall include the record and transcript, if any, of the proceedings.

Due return shall be made to this court within 56 days of the date of this opinion.

REMANDED WITH DIRECTIONS.

All the Judges concur.

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Bluebook (online)

668 So. 2d 876, 1995 Ala. Crim. App. LEXIS 6, 1995 WL 11496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fisher-v-state-alacrimapp-1995.

Opinion

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