Supreme Court of Alabama· 5/4/2007

Ex Parte Clemons

Citations

55 So. 3d 348
2007 Ala. LEXIS 78
2007 WL 1300722

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

explaining that, at the time of Mr. Williams’s appeal, the Court of Criminal Appeals treated Rule 32.2(a)’s procedural bars as jurisdictional
stating that under the particular circumstances there the Court “need not reach the question of the ease with which the issue [of whether to apply a procedural bar sua sponte] could be resolved at the appellate level without the necessity for further fact-finding”
“Whether the trial court’s authority continues after service of an answer omitting a defense is a question not before us.”
“In summary, the preclusive provisions of Rule 32.2(a) cannot be read as jurisdictional. Because those procedural bars are nonju-risdictional, they may, as. they were here, be waived.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lyons, See, Woodall, Bolin, Parker, Stuart, Murdock, Cobb, Smith

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34 cases in this archive cite this case; the 20 most cited are listed.

Cites

36 cases in this archive are cited by this case; the 20 most cited are listed.

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