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Howell v. State

Court of Criminal Appeals of Alabama.
Jan 13, 2012
89 So. 3d 203 (Ala. Crim. App. 2012)

Opinion

CR–10–0933.

2012-01-13

Jessie Lee HOWELL v. STATE of Alabama.

Appeal from Colbert Circuit Court (CC–93–215.75); Jacqueline M. Hatcher, Judge. Jessie Lee Howell, pro se. Luther Strange, atty. gen., and Cecil G. Brendle, Jr., asst. atty. gen., for appellee.


Alabama Supreme Court 1110358.



Appeal from Colbert Circuit Court (CC–93–215.75); Jacqueline M. Hatcher, Judge.
Jessie Lee Howell, pro se. Luther Strange, atty. gen., and Cecil G. Brendle, Jr., asst. atty. gen., for appellee.
WINDOM, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

WELCH, P.J., concurs. JOINER, J., concurs specially, with opinion.



JOINER, Judge, concurring specially.

I write specially because this action appears to be Jessie Lee Howell's 10th Rule 32, Ala. R.Crim. P., petition challenging his 1994 conviction for second-degree assault and his resulting sentence of 20 years' imprisonment. As Judge Kellum has often stated:

“I believe that allowing [Howell] 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 [Howell] and other similarly situated inmates. See Ex parte Thompson, 38 So.3d 119 (Ala.Crim.App.2009).”


Summaries of

Howell v. State

Court of Criminal Appeals of Alabama.
Jan 13, 2012
89 So. 3d 203 (Ala. Crim. App. 2012)
Case details for

Howell v. State

Case Details

Full title:Jessie Lee HOWELL v. STATE of Alabama.

Court:Court of Criminal Appeals of Alabama.

Date published: Jan 13, 2012

Citations

89 So. 3d 203 (Ala. Crim. App. 2012)