Coleman v. State, CR-03-0669.
Decision Date | 25 June 2004 |
Docket Number | CR-03-0669. |
Citation | 911 So.2d 1099 |
Parties | Joe COLEMAN v. STATE. |
Court | Alabama Supreme Court |
Joe Coleman, pro se.
Troy King, atty. gen., and Daniel W. Madison, asst. atty. gen., for appellee.
Joe Coleman appeals from the circuit court's summary dismissal of his Rule 32, Ala. R.Crim. P., petition. The petition sought post-conviction relief from his 1964 conviction for first-degree murder. Coleman was sentenced to life imprisonment. No direct appeal was taken from this conviction. The circuit court found that Coleman has filed six prior post-conviction petitions and in each case, summary dismissal was affirmed on direct appeal.1 The circuit court dismissed the instant petition ruling that it is a successive petition, that it exceeds the limitations period of Rule 32.2(c), Ala. R.Crim. P., and that there is no material issue of law fact that would entitle Coleman to relief.
We do not have to consider the grounds for dismissal presented by the circuit court. Coleman's instant Rule 32, Ala. R.Crim. P., petition was not in compliance with Rule 32.6(a), in that his petition was not verified.2 Rule 32.6(a), Ala. R.Crim. P., states that, "[a] proceeding under this rule is commenced by filing a petition, verified by the petitioner or petitioner's attorney, with the clerk of court." (Emphasis added.) "Verification" is defined in Black's Law Dictionary (7th ed.1999), as "[a] formal declaration made in the presence of an authorized officer, such as a notary public, by which one swears to the truth of the statements in the document." The Rule 32, Ala. R.Crim. P., form provides a place for a notary's signature.
Thornton v. State, 859 So.2d 458, 460 (Ala.Crim.App.2003).
The circuit court should allow Coleman a reasonable time, not less than 60 days, to file a properly verified petition and the date of that petition should relate back to the date of the original petition.
APPEAL DISMISSED.
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