Baxter v. State

MONTIE L, Judge.

Keeley Baxter filed a Rule 32, A.R.Cr.P., petition with the Montgomery Circuit Court, attacking his convictions for attempted murder and assault in the first degree. The circuit court summarily denied the petition. A review of the record reveals that the State failed to contest the appellant’s allegations by filing responsive pleadings as required by Rule 32.7(a), A.R.Crim.P. See also Ex parte Rice, 565 So.2d 606 (Ala.1990). From our review of the petition, (and, assuming the truth of the appellant’s allegations), we are unable to say that each allegation is without merit or…