Ex Parte Carson
Ex Parte Carson
Opinion
Terrance Dewayne Carson petitions this Court for a writ of mandamus directing the Jefferson Circuit Court to order the clerk of the Jefferson Circuit Court to charge Carson a single filing fee for filing Carson's petition for postconviction relief under Rule 32, Ala. R.Crim. P. We grant the petition.
Carson filed a petition for a writ of mandamus in this Court; we transferred Carson's petition to the Court of Criminal Appeals. That court denied the petition, and Carson filed another petition for a writ of mandamus in this Court, arguing that he should have been allowed to proceed in forma pauperis or, in the alternative, that he should have had to pay only one filing fee for his Rule 32 petition. We ordered answer and briefs solely on the issue of the amount of the filing fee that Carson should have been charged. In so doing, we implicitly denied Carson's petition for the writ of mandamus insofar as he argued that the circuit court erred in denying him in forma pauperis status.
"`The writ of mandamus is a drastic and extraordinary writ, to be "issued only when there is: 1) a clear legal right in the petitioner to the order sought; 2) an imperative duty upon the respondent to perform, accompanied by a refusal to do so; 3) the lack of another adequate remedy; and 4) properly invoked jurisdiction of the court." Ex parte United Serv. Stations, Inc.,Ex parte McWilliams,628 So.2d 501 ,503 (Ala. 1993); see also Ex parte Ziglar,669 So.2d 133 ,134 (Ala. 1995).' Ex parte Carter, [807 So.2d 534 ,] 536 [(Ala. 2001)]."
Rule 32.6(a), Ala. R.Crim. P, generally requires a Rule 32 petition to be accompanied by the "filing fee prescribed by law or rule in civil cases in the circuit court." Section
The circuit court concedes that, because Carson was permitted to challenge his sentences for both judgments in a single Rule 32 petition, and because Rule 32.6 authorizes only one filing fee per Rule 32 petition, *Page 450 Carson should be required to pay only one filing fee. Indeed, the circuit court contends that its order denying Carson indigent status actually directed that only one filing fee be paid. Accordingly, we hold that the circuit clerk incorrectly informed Carson that he must file a separate filing fee for each judgment.
PETITION GRANTED; WRIT ISSUED.
NABERS, C.J., and WOODALL, SMITH, and PARKER, JJ., concur.
Reference
- Full Case Name
- Ex Parte Terrance Dewayne Carson. (In Re State of Alabama v. Terrance Dewayne Carson).
- Cited By
- 2 cases
- Status
- Published