Alabama Court of Criminal Appeals, 2011

Bennett v. State

Bennett v. State
Alabama Court of Criminal Appeals · Decided May 27, 2011 · Burke, Joiner, Kellum, Welch, Windom
77 So. 3d 174; 2011 Ala. Crim. App. LEXIS 34; 2011 WL 2094781 (Southern Reporter, Third Series)

Bennett v. State

Concurring Opinion

KELLUM, Judge,

concurring specially.

I write specially to note that this action appears to be Jerry Dale Bennett’s seventh Rule 32, Ala. R.Crim. P., petition challenging his 1995 guilty-plea conviction for capital murder. I believe that allowing Bennett to file multiple petitions for post-conviction relief in which his claims are either precluded or without merit wastes scarce judicial resources. Therefore, I would encourage the circuit court to consider adopting sanctions like those proposed in Peoples v. State, 581 So.2d 323 (Ala.Crim.App. 1988), and Procup v. Strickland, 792 F.2d 1069 (11th Cir. 1986), to prevent future frivolous litigation on the part of Bennett and other similarly situated inmates. See Ex parte Thompson, 38 So.3d 119 (Ala.Crim.App. 2009).

Opinion of the Court

PER CURIAM.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

WELCH, P.J., and WINDOM, BURKE, and JOINER, JJ., concur. KELLUM, J., concurs specially, with opinion.

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