Opinion
CR–10–1674.
2011-12-16
Nathaniel SCROGGINS v. STATE of Alabama.
Appeal from Jefferson Circuit Court (CC–96–3071.66); Teresa T. Pulliam, Judge. Nathaniel Scroggins, pro se, for appellant. Luther Strange, atty. gen., and Beth Slate Poe, asst. atty. gen., for appellee.
Appeal from Jefferson Circuit Court (CC–96–3071.66); Teresa T. Pulliam, Judge.
Nathaniel Scroggins, pro se, for appellant. Luther Strange, atty. gen., and Beth Slate Poe, asst. atty. gen., for appellee.
PER CURIAM.
AFFIRMED BY UNPUBLISHED MEMORANDUM. WELCH, P.J., and WINDOM, BURKE, and JOINER, JJ., concur. KELLUM, J., concurs specially, with opinion.
KELLUM, Judge, concurring specially.
I write specially to note that this action appears to be Nathaniel Scroggins's fifth Rule 32, Ala. R.Crim. P., petition challenging his 1999 convictions for two counts of capital murder and his resulting sentence of life imprisonment without the possibility of parole. I believe that allowing Scroggins 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 Scroggins and other similarly situated inmates. See Ex parte Thompson, 38 So.3d 119 (Ala.Crim.App.2009).