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598 So. 2d 1010

Smith v. State

Court of Criminal Appeals of Alabama

Decided December 27, 1991

Court of Criminal Appeals of Alabama · decided 1991-12-27

Cited by 3 later decisions — most recently July 1994

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1991-12-27

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¶1*1011ON RETURN TO REMAND

BOWEN, Judge.

¶2On remand, the circuit court entered an order denying the petition for post-conviction relief on the ground that “[t]he matter is one which is inappropriate for relief because it does not comply with Rule 32.6(a) of the Alabama Rules of Criminal Procedure.” R. 9. The case action summary submitted on return to remand does not indicate that an evidentiary hearing was held.

¶3Our review of the record shows that the petition was not accompanied by any filing fee and that the petitioner requested to prosecute the petition in forma pauperis. However, the petition was not “accompanied by a certificate of the warden or other appropriate officer of the institution in which the petitioner is confined as to the amount of money or securities on deposit to the petitioner’s credit in any account in the institution” as required by Rule 32.6(a).

¶4The judgment of the circuit court is affirmed.

¶5OPINION EXTENDED;

¶6AFFIRMED.

All Judges concur.
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