Madden v. State
Decision Date | 31 October 2003 |
Citation | 885 So.2d 841 |
Parties | James Farentino MADDEN v. STATE of Alabama. |
Court | Alabama Court of Criminal Appeals |
James Farentino Madden, pro se.
William H. Pryor, Jr., atty. gen., and Jean-Paul M. Chappell, asst. atty. gen., for appellee.
On January 7, 2001, James Farentino Madden was convicted of first-degree theft of property and was sentenced, as a habitual offender, to 30 years in prison. On appeal, this Court affirmed his conviction and sentence in an unpublished memorandum. Madden v. State, (No. CR-00-2498), 837 So.2d 875 (Ala.Crim.App.2002) (table). The certificate of judgment was issued on June 18, 2002.
On March 31, 2003, Madden filed a Rule 32, Ala. R.Crim. P., petition. After the State responded, the circuit court summarily dismissed the petition on June 10, 2003. This appeal followed.
In his petition, Madden claimed that appellate counsel rendered ineffective assistance by failing to argue on appeal that trial counsel was ineffective for failing to object to the trial court's jury instruction "on intent to deprive or the lack of the statutory definition"; for failing to argue on appeal that the trial court erred by "not obtaining waiver of right to counsel by [Madden] for him to proceed pro se"; for "[w]ithdrawing on direct appeal"; for not filing a reply brief on direct appeal; for not filing an application for rehearing in this Court; and for not promptly notifying Madden that his conviction had been affirmed on appeal. (C. 9.)
On appeal, Madden argues, among other things, that the circuit court erroneously failed either to grant his motion to proceed in forma pauperis or to order him to pay a filing fee. We note that the record does not indicate any ruling on Madden's motion or the trial court's collection of any fee. We have recently addressed a similar claim:
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Hyde v. State
...by the Court of Criminal Appeals on the ground that it was filed outside the two-year limitations period"); Madden v. State, 885 So.2d 841, 844 (Ala.Crim.App.2003) (opinion on return to remand) (holding that the circuit court's denial of Rule 32 petition was void because the court had not c......
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McCartha v. State
...; see Ex parte Beavers, 779 So.2d 1223 (Ala.2000) ; Smith v. State, 918 So.2d 141 (Ala.Crim.App.2005) ; Madden v. State, 885 So.2d 841 (Ala.Crim.App.2003) ; Baker v. State, 885 So.2d 241 (Ala.Crim.App.2003). Thus, I agree whole-heartedly that "[s]ection 12–19–70, Ala.Code 1975, applies to R......
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Beamon v. State
...by the Court of Criminal Appeals on the ground that it was filed outside the two-year [6 ]limitations period’); Madden v. State, 885 So.2d 841, 844 (Ala.Crim.App.2003) (opinion on return to remand) (holding that the circuit court's denial of Rule 32 petition was void because the court had n......
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Hyde v. State
...that court did not have jurisdiction to entertain the petition. A void judgment will not support an appeal...." Madden v. State, 885 So.2d 841, 844 (Ala.Crim.App.2004) (opinion on return to On May 7, 2004, this Court issued an order remanding the case to the circuit court for the limited pu......