[Download] "Hyde v. State" by 2003$22004 Alabama Court of Criminal Appeals October Term # eBook PDF Kindle ePub Free

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eBook details

• Title: Hyde v. State
• Author : 2003$22004 Alabama Court of Criminal Appeals October Term
• Release Date : January 23, 2004
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

On Return to Remand The appellant, James Matthew Hyde, appeals the denial of his petition for post-conviction relief filed pursuant to Rule 32, Ala.R.Crim.P. On January 11, 2002, Hyde filed a petition for post-conviction relief pursuant to Rule 32, Ala.R.Crim.P., attacking his capital-murder conviction and his sentence of death. The petition was accompanied by an in forma pauperis declaration to proceed without the prepayment of the required filing fee. On February 20, 2004, the circuit court denied Hyde's Rule 32 petition without ruling on his request for indigency status. Hyde filed a notice of appeal to this Court. On April 29, 2004, Hyde moved that we allow him to proceed in forma pauperis on appeal. In that motion Hyde stated that the record showed that the circuit court never ruled on his in forma pauperis request. By order dated May 7, 2004, we remanded the case for the circuit court to supplement the record to reflect whether it ruled on Hyde's in forma pauperis request before issuing a ruling on the Rule 32 petition. On remand the circuit court granted indigency status and issued an order allowing Hyde leave to supplement and amend his Rule 32 petition. The State moved that we dismiss this appeal as an appeal from a void judgment. It asserts that the circuit court had no jurisdiction to consider the Rule 32 petition because it had failed to rule on Hyde's in forma pauperis request. We allowed Hyde an opportunity to respond to the State's motion to dismiss this appeal.

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