Ex Parte Soule
Ex Parte Soule
Opinion
George Soule III appeals from the Court of Criminal Appeals' dismissal of his appeal. We reverse and remand.
Soule was convicted of murder and was sentenced to 25 years' imprisonment. Soule filed a Rule 32, Ala.R.Crim.P., postconviction petition in the trial court claiming ineffective assistance of trial counsel. The trial court denied Soule's petition.
Soule appealed to the Court of Criminal Appeals. On the authority of Bumpus v. State,
Soule argues that Bumpus is inapplicable in his case. InBumpus, the Court of Criminal Appeals dismissed a defendant's appeal because "he failed to file a written notice of appeal."
Rule 3 provides:
"(a) Filing the Notice of Appeal.
". . . .
"(2) In criminal cases, an appeal permitted by law as a matter of right to an appellate court shall be taken by filing a written notice of appeal with the clerk of the trial court within the time allowed by Rule 4, or by the defendant's giving an oral notice of appeal at the time of sentencing, which oral notice shall be noted of record; provided, that a pre-trial appeal by the state shall be taken by filing a written notice of appeal in the manner, and within the time, specified by the rule of criminal procedure providing for such appeals. On the date the notice of appeal is filed, the clerk of the trial court shall serve copies of the notice of appeal on the persons specified by (d)(2) of this rule."
(Emphasis added.) The State's argument would stand on firmer footing if Soule had filed only the notice-of-appeal form from the circuit court and someone other than Soule had completed that form. However, the record indicates that Soule filed a cover letter, which was in his handwriting and signed and dated by Soule, along with the notice-of-appeal form from the circuit court. The cover letter was addressed to the clerk of the Lauderdale Circuit Court. Soule stated in the cover letter that he was filing a brief with the Court of Criminal Appeals, and he requested that his "notice of appeal" be filed with the Court of Criminal Appeals. In addition to the cover letter, Soule submitted the notice-of-appeal form from the trial court clerk to the Court of Criminal Appeals, which although not signed by him, was also completed in his own handwriting. Under these facts,Bumpus is not controlling in Soule's case.
This Court has stated that "even where the notice of appeal fails to comply with Rule 3(c)," Ala.R.App.P., appeal can still lie if "the intention to appeal from a specific judgment may be reasonably inferred from the text of the notice." Edmondson v.Blakey,
The State concedes that Rule 3 does not specify a particular form for the written notice of appeal. In Edmondson, this Court stated:
"The spirit of the [Ala.R.App.P.] is recognized and restated to insure the just, speedy and inexpensive determination of every appellate proceeding on its merits. . . . Nothing in the rules is designed to catch the unwary on technicalities. Jones v. Chaney James Const. Co., [
399 F.2d 84 (5th Cir. 1968)]. A simple statement indicating what judgments the appellant appeals from is all that is required."
In summary, Bumpus is distinguishable from this case. It was undisputed that Bumpus had not filed any form completed by him; the only form filed advising of Bumpus's intent to appeal was the form filed by the trial court clerk. Because Soule, by his own hand, substantially complied with Rule 3, his appeal should not have been dismissed by the Court of Criminal Appeals. Its judgment dismissing Soule's appeal is reversed and this case is remanded to the Court of Criminal Appeals for proceedings consistent with this opinion.
REVERSED AND REMANDED.*
HOUSTON, SEE, BROWN, JOHNSTONE, HARWOOD, WOODALL, and STUART, JJ., concur.
Reference
- Full Case Name
- Ex Parte George Soule, III. (In Re George Soule, III v. State of Alabama).
- Cited By
- 3 cases
- Status
- Published