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Stafford v. State
Citations: 647 So. 2d 102; 1994 WL 445448Docket: CR 93-1535
Court: Court of Criminal Appeals of Alabama; August 19, 1994; Alabama; State Appellate Court
Albert Nolan Stafford appealed the denial of his request to proceed in forma pauperis following his conviction for murder and life imprisonment in 1992. After filing a petition for post-conviction relief on March 30, 1994, he submitted an in forma pauperis declaration the next day, along with a record of his prison financial account, which showed a balance of $91.83 as of March 21, 1994. Although his account exceeded $100 on two occasions, his average balance was $63.15. The request was denied on April 28, 1994, prompting Stafford to appeal on May 25, 1994. The court noted that the current docket fee for filing a post-conviction relief petition is $110 and defined "indigent" as someone financially unable to pay for their defense. Based on the record, the court determined Stafford was indigent and referenced precedent cases indicating a reversal of the circuit court's denial was warranted. The court reversed the circuit court's judgment and remanded the case, allowing Stafford to proceed with his petition without a docket fee, but permitting the circuit court to require payment if it later determines he is not indigent, with such a finding recorded. All judges concurred in the decision.