# Ex Parte Pierce

> Supreme Court of Alabama · September 1, 2000 · 851 So. 2d 606

URL: https://www.frixlaw.com/law-library/cases/9935844

## Case

- **Full name:** Ex Parte Andy Dwight Pierce. (In Re: Andy Dwight Pierce v. State).
- **Court:** Supreme Court of Alabama
- **Decided:** September 1, 2000
- **Citations:** 851 So. 2d 606; 2000 WL 1234392
- **Precedential status:** Published
- **Opinion:** Dissent by See
- **Judges:** Application, Granting, Hooper, See
- **Cited by:** 47 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9935844

## How later opinions describe it (automated extraction)

- 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…
- 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,
- 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

## Opinion text

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

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9935844. Public record. Not legal advice.