Opinion

Ex Parte Pierce

  • 851 So. 2d 606
  • 2000 WL 1234392
Court
Supreme Court of Alabama
Filed
Sep 1, 2000
Status
Published
Author
See
On the bench
Application, Granting, Hooper, See
Cited by
47 cases

explaining that “Rule[s] 32.2(a)(3) and (5) would preclude [a juror-misconduct] claim if it could have been raised at trial or on appeal ... [and to overcome the procedural bars contained in Rule 32.2(a), Ala. R.Crim. P., the petitioner must] show that his claim could not have been raised at trial or on direct appeal”

How later courts described this case

  • explaining that “Rule[s] 32.2(a)(3) and (5) would preclude [a juror-misconduct] claim if it could have been raised at trial or on appeal ... [and to overcome the procedural bars contained in Rule 32.2(a), Ala. R.Crim. P., the petitioner must] show that his claim could not have been raised at trial or on direct appeal”
  • holding that a claim of juror misconduct raised .in a postconviction petition shall not be treated as a claim of newly discovered evidence under Rule 32.1(e), Ala. R.Crim, P,
  • recognizing that claims in a postconviction petition may be held to be procedurally barred following an evi-dentiary hearing
  • holding] that the preclusionary ground[s] of Rule 32.2 apply to allegations of juror misconduct

Written by the judges who cited it.

The opinion

I concur in the order granting the application for rehearing. However, I disagree with the conclusion that "Sheriff Whittle was a key witness who had improper close and continual contact with the jury." 851 So.2d at 612 . Thus, I dissent from Part I. I concur in Part II., and I concur in the result to remand the case with instructions. *Page 618

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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