Parnell v. State

Court of Criminal Appeals of Alabama

Parnell v. State

645 So. 2d 308, 1993 Ala. Crim. App. LEXIS 1070, 1993 WL 333609

CourtCourt of Criminal Appeals of Alabama

DecidedSeptember 3, 1993

DocketCR-92-1186

StatusPublished

Cited by2 cases

This text of 645 So. 2d 308 (Parnell 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.

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Parnell v. State, 645 So. 2d 308, 1993 Ala. Crim. App. LEXIS 1070, 1993 WL 333609 (Ala. Ct. App. 1993).

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Opinion

TAYLOR, Judge.

The appellant, Thomas Ray Parnell, appeals from the summary denial of his petition for post-conviction relief filed pursuant to Rule 32, A.R.Crim.P. The trial court denied the petition without allowing the state the opportunity to respond to the petition. The state has the burden to plead and prove any grounds of preclusion. Ex parte Rice, 565 So.2d 606 (Ala.1990). The state, on appeal, has asked that this cause be remanded to the Circuit Court for Mobile County so that the district attorney’s office may file a response to the petition. This cause is remanded to the Circuit Court for Mobile County for proceedings not inconsistent with this opinion. The trial court should amend its order to reflect that it has considered the response filed by the state. Due return should be filed in this court no later than 28 days from the date of this opinion.

Remanded with directions.

All the Judges concur.

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TAYLOR, Judge.

The appellant, Thomas Ray Parnell, appeals from the summary denial of his petition for post-conviction relief filed pursuant to Rule 32, A.R.Crim.P. The trial court denied the petition without allowing the state the opportunity to respond to the petition. The state has the burden to plead and prove any grounds of preclusion. Ex parte Rice, 565 So.2d 606 (Ala.1990). The state, on appeal, has asked that this cause be remanded to the Circuit Court for Mobile County so that the district attorney’s office may file a response to the petition. This cause is remanded to the Circuit Court for Mobile County for proceedings not inconsistent with this opinion. The trial court should amend its order to reflect that it has considered the response filed by the state. Due return should be filed in this court no later than 28 days from the date of this opinion.

Remanded with directions.

All the Judges concur.

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Bluebook (online)

645 So. 2d 308, 1993 Ala. Crim. App. LEXIS 1070, 1993 WL 333609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parnell-v-state-alacrimapp-1993.

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