Little v. State

20 Citing cases

  1. M.S.P. v. State

    No. CR-20-0182 (Ala. Crim. App. Oct. 8, 2021)

    To the extent that M.S.P.'s allegation may be construed as claiming that the trial court committed a technical error by not including an Explanation of Rights Plea of Guilty form in the record, that claim was properly dismissed because "[t]echnical errors caused by unintentional administrative negligence do not constitute grounds for error coram nobis." Little v. State, 426 So.2d 527, 531 (Ala.Crim.App.1983). Conclusion

  2. Harris v. State

    365 So. 3d 1075 (Ala. Crim. App. 2021)

    " ‘ "In some cases, recollection of the events at issue by the judge who presided at the original conviction may enable him summarily to dismiss a motion for postconviction relief." Little v. State, 426 So. 2d 527, 529 (Ala. Cr. App. 1983). "If the circuit judge has personal knowledge of the actual facts underlying the allegations in the petition, he may deny the petition without further proceedings so long as he states the reasons for the denial in a written order."

  3. White v. State

    343 So. 3d 1150 (Ala. Crim. App. 2019)   Cited 8 times

    " ‘ " ‘In some cases, recollection of the events at issue by the judge who presided at the original conviction may enable him summarily to dismiss a motion for postconviction relief.’ Little v. State, 426 So.2d 527, 529 (Ala. Cr. App. 1983). ‘If the circuit judge has personal knowledge of the actual facts underlying the allegations in the petition, he may deny the petition without further proceedings so long as he states the reasons for the denial in a written order.’

  4. Washington v. State

    95 So. 3d 26 (Ala. Crim. App. 2012)   Cited 73 times
    Holding that counsel was not ineffective for failing to present evidence that would have been cumulative to other evidence presented at trial

    “ ‘ “In some cases, recollection of the events at issue by the judge who presided at the original conviction may enable him summarily to dismiss a motion for postconviction relief.” Little v. State, 426 So.2d 527, 529 (Ala.Cr.App.1983). “If the circuit judge has personal knowledge of the actual facts underlying the allegations in the petition, he may deny the petition without further proceedings so long as he states the reasons for the denial in a written order.”

  5. Daniel v. State

    86 So. 3d 405 (Ala. Crim. App. 2011)   Cited 65 times
    Holding that, because Daniel failed to identify, by name, an expert witness who could have testified at his trial, Daniel’s claim was insufficiently pleaded

    “ ‘ “In some cases, recollection of the events at issue by the judge who presided at the original conviction may enable him summarily to dismiss a motion for postconviction relief.” Little v. State, 426 So.2d 527, 529 (Ala.Cr.App.1983). “If the circuit judge has personal knowledge of the actual facts underlying the allegations in the petition, he may deny the petition without further proceedings so long as he states the reasons for the denial in a written order.”

  6. Daniel v. State

    No. CR-08-0670 (Ala. Crim. App. Apr. 29, 2011)   1 Legal Analyses

    "'"In some cases, recollection of the events at issue by the judge who presided at the original conviction may enable him summarily to dismiss a motion for postconviction relief." Little v. State, 426 So. 2d 527, 529 (Ala. Cr. App. 1983). "If the circuit judge has personal knowledge of the actual facts underlying the allegations in the petition, he may deny the petition without further proceedings so long as he states the reasons for the denial in a written order."

  7. Bryant v. State

    181 So. 3d 1087 (Ala. Crim. App. 2011)   Cited 60 times
    Holding that any error in the circuit court's refusal to grant discovery to allow a Rule 32 petition to prove prejudice under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674, was harmless because counsel's performance was not deficient and the claim would nevertheless fail

    " ‘ "In some cases, recollection of the events at issue by the judge who presided at the original conviction may enable him summarily to dismiss a motion for postconviction relief." Little v. State, 426 So.2d 527, 529 (Ala.Cr.App.1983). "If the circuit judge has personal knowledge of the actual facts underlying the allegations in the petition, he may deny the petition without further proceedings so long as

  8. Pierce v. State

    851 So. 2d 558 (Ala. Crim. App. 1999)   Cited 23 times
    In Pierce v. State, 851 So.2d 558 (Ala.Crim.App.1999), this Court affirmed the denial of a Rule 32 petition where the defendant argued that the record was incomplete but the defendant was represented by the same attorney on appeal as in the trial court.

    Finally, the judge who presided over the appellant's trial also presided over the Rule 32 proceedings. "In some cases, recollection of the events at issue by the judge who presided at the original conviction may enable him summarily to dismiss a motion for postconviction relief."Little v. State, 426 So.2d 527, 529 (Ala.Cr.App. 1983). See also Holland v. State, 621 So.2d 373, 375 (Ala.Cr.App. 1993), opinion extended after remand, 654 So.2d 77 (Ala.Cr.App. 1994); Ex parte Hill, 591 So.2d 462, 463 (Ala. 1991); Sheats v. State, 556 So.2d 1094, 1095 (Ala.Cr.App. 1989).

  9. Cain v. State

    712 So. 2d 1110 (Ala. Crim. App. 1997)   Cited 2 times   2 Legal Analyses

    A petition is meritorious on its face if 'it contains matters and allegations (such as ineffective assistance of counsel) which, if true, entitle the petitioner to relief.' Boatwright, 471 So.2d at 1258. ' " 'In some cases, recollection of the events at issue by the judge who presided at the original conviction may enable him summarily to dismiss a motion for postconviction relief.' Little v. State, 426 So.2d 527, 529 (Ala.Cr.App. 1983). 'If the circuit judge has personal knowledge of the actual facts underlying the allegations in the petition, he may deny the petition without further proceedings so long as he states the reasons for the denial in a written order.' Sheats v. State, 556 So.2d 1094, 1095 (Ala.Cr.App. 1989).

  10. Patty v. State

    652 So. 2d 337 (Ala. Crim. App. 1994)   Cited 10 times
    In Patty v. State, 652 So.2d 337 (Ala. Crim. App. 1994) it was also held that failure to file a petition for rehearing before the Court of Criminal Appeals would not provide a claim of ineffective assistance of counsel in view of the discretionary nature of rehearings.

    " ' "In some cases, recollection of the events at issue by the judge who presided at the original conviction may enable him summarily to dismiss a motion for postconviction relief." Little v. State, 426 So.2d 527, 529 (Ala.Cr.App. 1983). "If the circuit judge has personal knowledge of the actual facts underlying the allegations in the petition, he may deny the petition without further proceedings so long as he states the reasons for the denial in a written order.