Lucas v. State
Decision Date | 14 August 1998 |
Parties | David L. LUCAS v. STATE. |
Court | Alabama Court of Criminal Appeals |
David L. Lucas, pro se.
Bill Pryor, atty. gen., and Sandra J. Stewart, asst. atty. gen., for appellee.
PATTERSON, Retired Appellate Judge.
This court issued the certificate of final judgment of affirmance of Lucas's direct appeal on November 17, 1995; thus, Lucas had two years from that date in which to file his petition.
Lucas argues in his pro se brief to this court that it was error to deny his petition on the ground that it was precluded by the two-year limitations period because, he says, he mailed the petition on November 14, 1997, before the period expired. He correctly points out that Alabama follows the holding in Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988), that "a pro se incarcerated petitioner `files' a Rule 32 petition when he hands the petition over to prison authorities for mailing." Ex parte Powell, 674 So.2d 1258 (Ala.1995), quoting Holland v. State, 621 So.2d 373, 375 (Ala. Crim.App.1993). In his brief to this court, Lucas attached copies of a certified mail receipt dated November 14, 1997, and a return receipt showing the date of delivery to the Jefferson Circuit Court clerk as November 18, 1997. However, as the state argues, this court cannot rely on evidence offered in briefs to the court, but may only rely on evidence in the record.
Riddle v. State, 669 So.2d 1014, 1016-17 (Ala. Crim.App.1994). The state further argues that the record does not support a conclusion that Lucas mailed his petition before the...
To continue reading
Request your trial-
Smith v. State
...by the record [on appeal] and may not consider asserted facts which cannot be ascertained [from] that record.'"'" Lucas v. State, 722 So.2d 822, 823 (Ala.Cr. App.1998), quoting Riddle v. State, 669 So.2d 1014, 1016-17 (Ala.Cr.App.1994) (citations omitted). Therefore, the tape-recorded conve......
- State v. Mitchell
-
Allen v. State
...for mailing, not when the circuit court receives the petition. See Ex parte Powell, 674 So.2d 1258, 1259 (Ala. 1995); Lucas v. State, 722 So.2d 822, 823 (Ala.Crim.App.1998); and Holland v. State, 621 So.2d 373, 375 (Ala.Crim.App. 1993). We likewise recognize that a Rule 32 petitioner's noti......
-
Miles v. State
...petitioner acting pro se "files" a post-conviction petition when he hands it over to prison authorities for mailing. Lucas v. State, 722 So.2d 822 (Ala.Crim.App. 1998). Applying this rule, we find that Miles filed his petition within two years after the issuance of the certificate of judgme......