Alabama Court of Criminal Appeals, 2011

Grimes v. State

Grimes v. State
Alabama Court of Criminal Appeals · Decided November 4, 2011 · Burke, Kellum, Welch
91 So. 3d 124; 2011 Ala. Crim. App. LEXIS 163; 2011 WL 5252758 (Southern Reporter, Third Series)

Grimes v. State

Concurring Opinion

KELLUM, Judge,

concurring specially.

I write specially to note that this action appears to be Tony Eugene Grimes’s seventh Rule 32, Ala. R.Crim. P., petition challenging his 1994 conviction for attempted murder and his resulting sentence of life imprisonment without the possibility of parole. I believe that allowing Grimes to file multiple petitions for postconviction 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, 531 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 Grimes and other similarly situated inmates. See Ex parte Thompson, 38 So.3d 119 (Ala.Crim.App. 2009).

Opinion of the Court

WELCH, Presiding Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

BURKE, J., concurs. KELLUM, J., concurs specially, with opinion.

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