Hayes v. State

Court of Criminal Appeals of Alabama

Hayes v. State

616 So. 2d 367, 1992 Ala. Crim. App. LEXIS 1638, 1992 WL 298112

CourtCourt of Criminal Appeals of Alabama

DecidedOctober 23, 1992

DocketCR-91-1585

StatusPublished

Cited by1 cases

This text of 616 So. 2d 367 (Hayes 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

Hayes v. State, 616 So. 2d 367, 1992 Ala. Crim. App. LEXIS 1638, 1992 WL 298112 (Ala. Ct. App. 1992).

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Opinion

TAYLOR, Judge.

The appellant, Johnny R. Hayes, appeals from the summary denial of his petition for post-conviction relief filed pursuant to Rule 32, A.R.Crim.P. The petition attacks the appellant’s 1990 guilty pleas for one count of leaving the scene of an accident and two counts of assault. The petition was summarily denied after the district attorney’s office filed a motion to dismiss, asserting that all of the grounds raised in the petition were precluded under Rule 32.2(a)(5), A.R.Crim.P., because they could have been raised on direct appeal.

The State, in its brief, citing Ex parte Jackson, 598 So.2d 895 (Ala.1992), requests that this cause be remanded because the allegations of ineffective assistance of counsel were not precluded. Our reading of Jackson leads this court to the same conclusion. On the authority of Jackson, we remand this cause to the Circuit Court for Morgan County for a hearing on the appellant’s allegations of ineffective assistance of counsel. After the hearing, the trial court shall make written findings of fact as to each material issue of fact presented, in accordance with Rule 32.9(d), A.R.Crim.P. The court’s findings and the transcript of the proceedings should be filed in this court within 42 days from the date of this opinion.

REMANDED WITH DIRECTIONS.

All the Judges concur.

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TAYLOR, Judge.

The appellant, Johnny R. Hayes, appeals from the summary denial of his petition for post-conviction relief filed pursuant to Rule 32, A.R.Crim.P. The petition attacks the appellant’s 1990 guilty pleas for one count of leaving the scene of an accident and two counts of assault. The petition was summarily denied after the district attorney’s office filed a motion to dismiss, asserting that all of the grounds raised in the petition were precluded under Rule 32.2(a)(5), A.R.Crim.P., because they could have been raised on direct appeal.

The State, in its brief, citing Ex parte Jackson, 598 So.2d 895 (Ala.1992), requests that this cause be remanded because the allegations of ineffective assistance of counsel were not precluded. Our reading of Jackson leads this court to the same conclusion. On the authority of Jackson, we remand this cause to the Circuit Court for Morgan County for a hearing on the appellant’s allegations of ineffective assistance of counsel. After the hearing, the trial court shall make written findings of fact as to each material issue of fact presented, in accordance with Rule 32.9(d), A.R.Crim.P. The court’s findings and the transcript of the proceedings should be filed in this court within 42 days from the date of this opinion.

REMANDED WITH DIRECTIONS.

All the Judges concur.

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Bluebook (online)

616 So. 2d 367, 1992 Ala. Crim. App. LEXIS 1638, 1992 WL 298112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayes-v-state-alacrimapp-1992.

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