Ex Parte Carson, No. 1050518.
| Court | Supreme Court of Alabama |
| Writing for the Court | Lyons |
| Citation | 945 So.2d 448 |
| Docket Number | No. 1050518. |
| Decision Date | 09 June 2006 |
| Parties | Ex parte Terrance Dewayne CARSON. In re State of Alabama v. Terrance Dewayne Carson. |
Page 448
In re State of Alabama
v.
Terrance Dewayne Carson.
Terrance Dewayne Carson, pro se.
Troy King, atty. gen., and Kevin C. Newsom, deputy atty. gen., and Madeline Lewis, asst. atty. gen., for respondent.
LYONS, Justice.
Terrance Dewayne Carson petitions this Court for a writ of mandamus directing the Jefferson Circuit Court to order the clerk of the Jefferson Circuit Court to charge Carson a single filing fee for filing Carson's petition for postconviction relief under Rule 32, Ala. R.Crim. P. We grant the petition.
On December 12, 2001, Carson pleaded guilty to trafficking in cocaine and to unlawful distribution of a controlled substance. Each guilty plea and the resulting sentence had its own trial court case number, but the guilty pleas to both charges were entered, and each sentence pronounced, in the same plea proceeding. On September 29, 2005, Carson filed in the circuit court a petition for postconviction
Page 449
relief under Rule 32, Ala. R.Crim. P., challenging the legality of his sentences.1 Carson also moved for leave to proceed in forma pauperis. The circuit court denied Carson's in forma pauperis motion, and the circuit clerk's office informed Carson that, in order to proceed with his Rule 32 petition, he would have to pay two filing fees, one for each judgment.
Carson filed a petition for a writ of mandamus in this Court; we transferred Carson's petition to the Court of Criminal Appeals. That court denied the petition, and Carson filed another petition for a writ of mandamus in this Court, arguing that he should have been allowed to proceed in forma pauperis or, in the alternative, that he should have had to pay only one filing fee for his Rule 32 petition. We ordered answer and briefs solely on the issue of the amount of the filing fee that Carson should have been charged. In so doing, we implicitly denied Carson's petition for the writ of mandamus insofar as he argued that the circuit court erred in denying him in forma pauperis status.
[1]"`The writ of mandamus is a drastic and extraordinary writ, to be "issued only when there is: 1) a clear legal right in the petitioner to the order sought; 2) an imperative duty upon the respondent to perform, accompanied by a refusal to do so; 3) the lack of another adequate remedy; and 4) properly invoked jurisdiction...
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Perdue v. Callan Assocs., Inc. (Ex parte Callan Assocs., Inc.), 1081683.
...(Ala.1995).” Ex parte Carter, [807 So.2d 534,] 536 [ (Ala.2001) ].' “Ex parte McWilliams, 812 So.2d 318, 321 (Ala.2001).”Ex parte Carson, 945 So.2d 448, 449 (Ala.2006).Discussion In its petition, Callan contends, among other things, that it is entitled to a writ of mandamus because, it says......
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Perdue v. Callan Assocs. Inc., 1081683
...1995)." Ex parte Carter, [807 So. 2d 534,] 536 [(Ala. 2001)].'"Ex parte McWilliams, 812 So. 2d 318, 321 (Ala. 2001)."Ex parte Carson, 945 So. 2d 448, 449 (Ala. 2006)._DiscussionPage 9 In its petition, Callan contends, among other things, that it is entitled to a writ of mandamus because, it......
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Ex parte AIG Baker Orange Beach Wharf, L.L.C., 1080807.
...(Ala.1995)." Ex parte Carter, [807 So.2d 534,] 536 [ (Ala.2001) ].'" Ex parte McWilliams, 812 So.2d 318, 321 (Ala.2001)."Ex parte Carson, 945 So.2d 448, 449 (Ala.2006).Discussion The substantive question presented by AIG's petition is whether the contractual waiver of the right to a jury tr......
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Ex parte Hillard, 1200452
...as to only that one issue, we implicitly denied the petition as to the other issues raised by Hillard and Warr. See Ex parte Carson, 945 So.2d 448, 449 (Ala. 2006). Warr and Tozzi married in July 2011. Shortly before their marriage, Warr's house was destroyed by a tornado. Warr used insuran......
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Perdue v. Callan Assocs., Inc. (Ex parte Callan Assocs., Inc.), 1081683.
...(Ala.1995).” Ex parte Carter, [807 So.2d 534,] 536 [ (Ala.2001) ].' “Ex parte McWilliams, 812 So.2d 318, 321 (Ala.2001).”Ex parte Carson, 945 So.2d 448, 449 (Ala.2006).Discussion In its petition, Callan contends, among other things, that it is entitled to a writ of mandamus because, it says......
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Perdue v. Callan Assocs. Inc., 1081683
...1995)." Ex parte Carter, [807 So. 2d 534,] 536 [(Ala. 2001)].'"Ex parte McWilliams, 812 So. 2d 318, 321 (Ala. 2001)."Ex parte Carson, 945 So. 2d 448, 449 (Ala. 2006)._DiscussionPage 9 In its petition, Callan contends, among other things, that it is entitled to a writ of mandamus because, it......
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Ex parte AIG Baker Orange Beach Wharf, L.L.C., 1080807.
...(Ala.1995)." Ex parte Carter, [807 So.2d 534,] 536 [ (Ala.2001) ].'" Ex parte McWilliams, 812 So.2d 318, 321 (Ala.2001)."Ex parte Carson, 945 So.2d 448, 449 (Ala.2006).Discussion The substantive question presented by AIG's petition is whether the contractual waiver of the right to a jury tr......
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Ex parte Hillard, 1200452
...as to only that one issue, we implicitly denied the petition as to the other issues raised by Hillard and Warr. See Ex parte Carson, 945 So.2d 448, 449 (Ala. 2006). Warr and Tozzi married in July 2011. Shortly before their marriage, Warr's house was destroyed by a tornado. Warr used insuran......