Kennedy v. State

Jan 10, 1986

84-1258

Versions:518 So. 2d 674

1986 WL 42

1986 Ala. LEXIS 3368

Lead Opinion

BEATTY, Justice.

Reversed and remanded to the Court of Criminal Appeals on the authority of Ex parte Boatwright, 471 So.2d 1257 (Ala. 1985).

REVERSED AND REMANDED.

FAULKNER, JONES, ALMON, SHORES, ADAMS and HOUSTON, JJ., concur. TORBERT, C.J., and MADDOX, J., concur specially.

Concurrence Opinion

MADDOX, Justice

(concurring specially).

This case points out once again the frequency with which defendants, even when they plead guilty, are seeking to have their convictions and sentences reviewed in post-conviction proceedings. As I pointed out in Ex parte Boatwright, 471 So.2d 1257 (Ala.1985), in a special concurring opinion, I believe that this Court should adopt a rule of procedure which would help to manage the flood of petitions which defendants are filing in pursuit of post-conviction relief. An appropriate rule of procedure would help both the trial courts and the appellate courts in eliminating frivolous petitions and in granting relief in those truly meritorious cases.