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418 So.3d 618
Ala. Crim. App.
2024
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Background

  • Ronnie Odell Parker pleaded guilty in 1991 to first-degree sexual abuse and was sentenced as a habitual offender to 35 years' imprisonment.
  • Parker did not appeal his conviction or sentence but has filed at least 10 Rule 32 petitions challenging his conviction and sentence over three decades.
  • The current appeal concerns the circuit court’s summary dismissal of his 10th Rule 32 petition for postconviction relief.
  • In the petition, Parker challenged the use of prior convictions for sentence enhancement, questioning whether certified copies were offered and whether he was represented by counsel.
  • The State moved to dismiss the petition as time-barred, precluded (could have been raised earlier), successive, and meritless. The circuit court agreed and dismissed the petition.
  • On appeal, Parker narrowed his claim to only the adequacy of proof of prior convictions under the Habitual Felony Offender Act (HFOA).

Issues

Issue Parker's Argument State's Argument Held
Adequacy of proof of prior convictions for HFOA State did not offer certified copies or prove counsel in prior convictions Claim is precluded, untimely, and successive Dismissed as procedurally barred, untimely, and successive
Successiveness of the Rule 32 petition Not argued Prior claims already litigated Dismissed as successive
Timeliness under Rule 32.2(c) Not argued Petition filed well after deadline Dismissed as untimely
In forma pauperis request Should be granted Large inmate account deposits Court likely had discretion to deny

Key Cases Cited

  • Ex parte Batey, 958 So. 2d 339 (Ala. 2006) (argument about adequacy of State's evidence is nonjurisdictional and barred by Rule 32.2)
  • Ex parte Wyre, 74 So. 3d 479 (Ala. Crim. App. 2011) (standard for indigence under Rule 6.3(a) and denying in forma pauperis request)
  • Hyde v. State, 950 So. 2d 344 (Ala. Crim. App. 2006) (applying 2-year limitations period for cases final before August 1, 2001)
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Case Details

Case Name: Ronnie Odell Parker v. State of Alabama (Appeal from Clarke Circuit Court: CC-91-68 and CC-91-68.90)
Court Name: Court of Criminal Appeals of Alabama
Date Published: Nov 8, 2024
Citations: 418 So.3d 618; CR-2024-0300
Docket Number: CR-2024-0300
Court Abbreviation: Ala. Crim. App.
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    Ronnie Odell Parker v. State of Alabama (Appeal from Clarke Circuit Court: CC-91-68 and CC-91-68.90), 418 So.3d 618