Parnell v. State

Court of Criminal Appeals of Alabama

Parnell v. State

645 So. 2d 309, 1994 Ala. Crim. App. LEXIS 261, 1994 WL 321863

CourtCourt of Criminal Appeals of Alabama

DecidedJuly 8, 1994

DocketCR-92-1186

StatusPublished

This text of 645 So. 2d 309 (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.

Bluebook

Parnell v. State, 645 So. 2d 309, 1994 Ala. Crim. App. LEXIS 261, 1994 WL 321863 (Ala. Ct. App. 1994).

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Opinion

ON SECOND RETURN TO REMAND

TAYLOR, Judge.

The appellant, Thomas Ray Parnell, appealed the summary denial of his petition for post-conviction relief filed pursuant to Rule 32, A.R.Crim.P. We remanded this case, on the state’s motion, so that the court’s order denying the petition could reflect whether the court had considered the response filed by the state before dismissing the petition. Parnell v. State, 645 So.2d 308 (Ala.Cr.App. 1993). We again remanded this ease, on the state’s motion, when the court’s return to remand failed to state that it had considered the state’s response to the post-conviction petition. Parnell v. State, 645 So.2d 308 (Ala.Cr.App.1994).

The trial court has now filed a second return with this court reflecting that it considered the state’s response and that the petition was summarily denied because the issues could have been, but were not, raised on direct appeal. Rule 32.2(a)(5), A.R.Crim.P.

The denial of the appellant’s petition for post-conviction relief is due to be affirmed.

AFFIRMED.

All the Judges concur.

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ON SECOND RETURN TO REMAND

TAYLOR, Judge.

The appellant, Thomas Ray Parnell, appealed the summary denial of his petition for post-conviction relief filed pursuant to Rule 32, A.R.Crim.P. We remanded this case, on the state’s motion, so that the court’s order denying the petition could reflect whether the court had considered the response filed by the state before dismissing the petition. Parnell v. State, 645 So.2d 308 (Ala.Cr.App. 1993). We again remanded this ease, on the state’s motion, when the court’s return to remand failed to state that it had considered the state’s response to the post-conviction petition. Parnell v. State, 645 So.2d 308 (Ala.Cr.App.1994).

The trial court has now filed a second return with this court reflecting that it considered the state’s response and that the petition was summarily denied because the issues could have been, but were not, raised on direct appeal. Rule 32.2(a)(5), A.R.Crim.P.

The denial of the appellant’s petition for post-conviction relief is due to be affirmed.

AFFIRMED.

All the Judges concur.

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Bluebook (online)

645 So. 2d 309, 1994 Ala. Crim. App. LEXIS 261, 1994 WL 321863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parnell-v-state-alacrimapp-1994.

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