Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Janigan v. State
Citations: 853 So. 2d 1044; 2002 Ala. Crim. App. LEXIS 189; 2002 WL 1998277Docket: CR-01-0930
Court: Court of Criminal Appeals of Alabama; August 30, 2002; Alabama; State Appellate Court
Elliott Glenn Janigan filed a Rule 32 petition challenging his 1993 guilty plea convictions for murder and first-degree robbery, along with his life imprisonment sentence. He argued that he was not notified of the dismissal of a previous Rule 32 petition, denied on September 28, 2000, until December 12, 2001. Janigan claimed this lack of notification prevented him from appealing the trial court's decision on time, despite his efforts to ascertain the status of his previous petition. The trial court denied his current petition without requiring a response from the State. However, the State requested a remand for the Macon Circuit Court to grant Janigan an out-of-time appeal, asserting he did not receive timely notice of the previous petition's dismissal. The appellate court found the State's position supported by the record and remanded the case to the Macon Circuit Court with instructions to grant Janigan an out-of-time appeal from the September 28, 2000, order. The court mandated a return within 28 days of the remand order.