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Parnell v. State

Court of Criminal Appeals of Alabama
Sep 3, 1993
645 So. 2d 308 (Ala. Crim. App. 1993)

Opinion

CR-92-1186.

September 3, 1993.

Appeal from Mobile Circuit Court; Braxton L. Kittrell, Judge.

Thomas Ray Parnell, pro se.

James H. Evans, Atty. Gen., and Beth Hughes, Asst. Atty. Gen., for appellee.


The appellant, Thomas Ray Parnell, appeals from the summary denial of his petition for post-conviction relief filed pursuant to Rule 32, A.R.Crim.P. The trial court denied the petition without allowing the state the opportunity to respond to the petition. The state has the burden to plead and prove any grounds of preclusion. Ex parte Rice, 565 So.2d 606 (Ala. 1990). The state, on appeal, has asked that this cause be remanded to the Circuit Court for Mobile County so that the district attorney's office may file a response to the petition. This cause is remanded to the Circuit Court for Mobile County for proceedings not inconsistent with this opinion. The trial court should amend its order to reflect that it has considered the response filed by the state. Due return should be filed in this court no later than 28 days from the date of this opinion.

Remanded with directions.

All the Judges concur.


Summaries of

Parnell v. State

Court of Criminal Appeals of Alabama
Sep 3, 1993
645 So. 2d 308 (Ala. Crim. App. 1993)
Case details for

Parnell v. State

Case Details

Full title:Thomas Ray PARNELL v. STATE

Court:Court of Criminal Appeals of Alabama

Date published: Sep 3, 1993

Citations

645 So. 2d 308 (Ala. Crim. App. 1993)

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Parnell v. State

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Parnell v. State

The appellant, Thomas Ray Parnell, appealed the summary denial of his petition for post-conviction relief…