Ex parte Smith
| Citation | 891 So.2d 286 |
| Parties | Ex parte Joseph Clifton SMITH. (In re Joseph Clifton Smith v. State of Alabama). |
| Decision Date | 05 March 2004 |
| Court | Supreme Court of Alabama |
Bryan A. Stevenson, Angela L. Setzer, Aaryn M. Urell of Equal Justice Initiative of Alabama, Montgomery, for petitioner.
Submitted on petitioner's brief only.
We hereby suspend the provisions of Rule 39(g) and (h), Ala. R.App. P., allowing the respondent to file a brief, and we summarily grant the writ. See Ex parte Gardner, [Ms. 1030309, January 27, 2004] ___ So.2d ___ (Ala.2004), and Court Comment of January 27, 2004, to Amendment to Rule 32.2, attached as an appendix to the opinion in Ex parte Gardner ().
Because the triggering date in Joseph Clifton Smith's case was March 16, 2001, his postconviction petition filed on September 27, 2002, was timely. We therefore reverse the judgment of the Court of Criminal Appeals and remand the cause for further proceedings consistent with this opinion and Ex parte Gardner.
WRIT GRANTED; REVERSED AND REMANDED.
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Smith v. State
...the Alabama Supreme Court reversed this Court's judgment and held that Smith's postconviction petition was timely filed. See Ex parte Smith, 891 So.2d 286 (Ala.2004). The case was remanded to the circuit court and Smith was allowed to amend his petition. On remand, Smith filed amended petit......
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Smith v. State, No. CR-05-0561 (Ala. Crim. App. 9/26/2008), CR-05-0561
...Alabama Supreme Court reversed this Court's judgment and held that Smith's postconviction petition was timely filed. See Ex parte Smith, 891 So. 2d 286 (Ala. 2004). The case was remanded to the circuit court and Smith was allowed to amend his On remand, Smith filed amended petitions in June......
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Smith v. Thomas
...19, 2003. #R-79. The Alabama Supreme Court reversed and remanded, holding that the petition was timely, on March 5, 2004. Ex parte Smith, 891 So. 2d 286 (Ala. 2004). Petitioner filed a First Amended Rule 32 Petition on June 4, 2004 and filed a Second Amended Rule 32 Petition on January 12, ......
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Smith v. Campbell
...In 2004, the Alabama Supreme Court reversed and remanded, holding that Smith's Rule 32 petition was timely. Ex Parte Joseph Clifton Smith, 891 So. 2d 286 (Ala. 2004). The Alabama Court of Criminal Appeals remanded the case to the state trial court for further proceedings. Smith v. State, 89......