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609 So. 2d 9

LaBlanc v. State

Court of Criminal Appeals of Alabama

Decided November 13, 1992

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Court of Criminal Appeals of Alabama · decided 1992-11-13

Key passage — most relied on by later courts

“a Rule 32 petition should be directed at only one proceeding.”

quoted by 1 later decision, including 755 So. 2d 74 - Johnson v. State

Relies on 565 So. 2d 290 - Bryant v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1992-11-13

How this case has been cited

Cited by 5 later decisions — most recently February 2015

5 state decisions

20199220002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1

¶2The appellant, Rene Carl LaBlanc, alias, appeals from the circuit court's denial of his A.R.Cr.P. 32 petition. In this petition, the appellant contested the validity of his conviction based upon a jury's verdict on March 18, 1986, for first degree sexual abuse, for which he was sentenced to 10 years' imprisonment and the validity of his conviction based upon a guilty plea entered on May 30, 1986, for interference with custody of a minor child, for which he was sentenced to one year and one day, the latter sentence to run concurrently with the first sentence.

¶3The attorney general asks that this cause be remanded to allow the state to file an adequate response to the appellant's petition. However, more is required, because the appellant's petition appears to be directed at two different proceedings. Because a Rule 32 petition should be directed at only one proceeding, see Bryant v. State, 565 So.2d 290 (Ala.Cr.App. 1990), the judgment is reversed and this cause remanded to give the appellant an opportunity to file separate Rule 32 petitions, if he so wishes.

¶4REVERSED AND REMANDED.

¶5All Judges concur. *448

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