Alabama Court of Criminal Appeals, 2005

Moton v. State

Moton v. State
Alabama Court of Criminal Appeals · Decided November 23, 2005 · McMillan, Shaw
942 So. 2d 405; 2005 WL 3120090 (Southern Reporter, Second Series)

Moton v. State

Opinion of the Court

AFFIRMED BY UNPUBLISHED MEMORANDUM.

COBB, J., concurs. BASCHAB and WISE, JJ., concur in the result. SHAW, J., concurs in the result, with opinion.

Concurring Opinion

I seriously question the propriety of relying on demonsv. State, [Ms. CR-01-1355, June 24, 2005] ___ So.2d ____, ____, (Ala.Crim.App. 2003) (opinion on return to remand), to hold that the allegations of ineffective assistance of counsel made by Lester Lee Moton, Jr., were time-barred, in light of the "mailbox rule" that is applied to pro se inmates. See, e.g.,Ex parte Allen, 825 So.2d 271, 272 (Ala. 2002) ("Alabama courts have held that a pro se incarcerated petitioner/appellant is considered to have `filed' a Rule 32 petition, a notice of appeal, or a petition for a writ of certiorari when those documents are given to prison officials for mailing.");Holland v. State, 621 So.2d 373, 375 (Ala.Crim.App. 1993) ("[W]e hold that a pro se incarcerated petitioner `files' a Rule 32 petition when he hands the petition over to prison authorities for mailing."). However, after reviewing the record, I believe that Moton's allegations were not pleaded with sufficient specificity to satisfy the requirements in Rule 32.3 and 32.6(b), Ala. R.Crim.P.; therefore, I concur in the result. *Page 829

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