Mocks v. State
Mocks v. State
Opinion of the Court
The appellant, Earl Mocks, pleaded guilty to robbery in the first degree and was sentenced to 30 years’ imprisonment. He did not appeal. The appellant filed a post-conviction petition pursuant to Rule 32, Ala.R.Crim.P. The state filed a response to the petition, in which it moved for dismissal on the ground that the petition was not properly before the court because, it said, the appellant did not pay the required filing fee, and he did not file with his petition a request to proceed in forma pauperis as required. by Rule 32.6(a), Ala.R.Crim.P. The circuit court granted the state’s motion and summarily dismissed the petition on the ground set out in the motion.
However, the record shows that the appellant did include a request to proceed in forma pauperis with his petition, and that both documents were filed on the same day. (C. 2; 15.) The state has requested that we remand this cause to the circuit court so that it may consider the appellant’s petition.
We, therefore, remand this cause to the circuit court with instructions that it rule on the appellant’s “Request to Proceed In
In order to allow the state 30 days to respond to the petition, as set out in the Alabama Rules of Criminal Procedure, as well as a reasonable time, after that response, for adjudication by the circuit court, we are ordering that due return be filed with this court within 91 days of the date of this opinion.
REMANDED WITH INSTRUCTIONS.
Note from the reporter of decisions: On March 26, 1999, on return to remand, the Court of Criminal Appeals affirmed, without opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.