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629 So. 2d 5

Robinson v. State

Court of Criminal Appeals of Alabama

Decided October 22, 1993

Court of Criminal Appeals of Alabama · decided 1993-10-22

Cited by 5 later decisions — most recently March 2016

5 state decisions

Key passage — most relied on by later courts

“states that the only money available to the appellant is $6.25, which is in his prison account”

quoted by 1 later decision, including Ex parte William Keith Robey.

Relies on 597 So. 2d 759 - Burks v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1993-10-22

View the full empirical analysis of this case →

¶1

¶2The appellant, Edward Louis "Buddy" Robinson, appeals from the summary denial of his motion to proceed in forma pauperis on a Rule 32, A.R.Crim.P., petition. The appellant is serving a sentence on a conviction for murder.

¶3The appellant filed with the circuit court an In Forma Pauperis Declaration pursuant to Rule 32.6(a), A.R.Crim.P. This declaration states that the only money available to the appellant is $6.25, which is in his prison account. The court, treating the declaration as a motion, denied the appellant leave to proceed in forma pauperis, without stating the reasons for the denial.

¶4When the appellant appealed his murder conviction, he was allowed to proceed in forma pauperis. It appears from the record that the appellant's financial status has not changed and that he is still indigent. "Consequently, the judgment of the circuit court denying the appellant's motion to proceed in forma pauperis on his post-conviction petition must be reversed." Lucas v. State, 597 So.2d 759, 760 (Ala.Cr.App. 1992).

¶5The trial court's denial of the appellant's motion to proceed in forma pauperis is reversed and this cause is remanded to the Circuit Court for Mobile County so that the appellant may be allowed to proceed in forma pauperis. The court shall, therefore, waive the docket fees required under § 12-19-71(3), Code of Alabama 1975; provided, however, that the circuit court may require the payment of those docket fees if the trial court makes specific findings on the record as to the reasons for denying the appellant's motion to proceed in forma pauperis. 597 So.2d at 760.

¶6REVERSED AND REMANDED.

¶7All the Judges concur. *6

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