Kelley v. State

The appellant, Daniel M. Kelley, appeals the denial, on the merits, of his petition for postconviction relief filed pursuant to Rule 32, Ala.R.Crim.P. However, we note that Kelley's Rule 32 petition filed in the circuit court was not signed in the presence of a notary public. The question thus presented in this case is can a Rule 32 petition meet the verification requirements of Rule 32.6(a), Ala.R.Crim.P., if it is not signed in the presence of a notary public.

Kelley's Rule 32 petition contains the following sentence: "I, Daniel M. Kelley, swear under penalty of perjury that [the] foregoing…