Burruss v. State

The appellant, Henry Burruss, appeals from the circuit court's denial of his Rule 32, Ala. R.Crim. P., petition for postconviction relief requesting an out-of-time appeal from the denial of his first Rule 32 petition. Burruss alleged that he was not notified by the trial court of the denial of his first Rule 32 petition. The State did not refute Burruss's claim in its response to the petition but argued the trial court did not have jurisdiction to grant an out-of-time appeal. The trial court then denied the petition, stating that it was without jurisdiction to entertain the petition. This…