Jett v. State

1 Citing case

  1. Jett v. State

    5 So. 3d 640 (Ala. 2007)   Cited 14 times

    He filed a motion in open court for a new trial. That motion was denied on May 26. On June 20, Jett filed his notice of appeal to the Court of Criminal Appeals. The Court of Criminal Appeals held that Jett's motion for a new trial had not been effectively filed under Rule 24.1, Ala. R.Crim. P., because it was not filed with the clerk of the circuit court. Based on that holding, the Court of Criminal Appeals concluded that the motion for a new trial did not toll the running of the time for filing a notice of appeal and that Jett's notice of appeal was filed outside the 42-day period for the filing of an appeal; it therefore dismissed his appeal. Jett v. State, 5 So.3d 637 (Ala.Crim.App. 2006). Because we hold that Rule 24.1, Ala. R.Crim. P., does not prohibit Jett from filing his motion with the trial judge in open court, we reverse and remand.