Clemons v. State

WINDOM, Presiding Judge.

Eugene Milton Clemons II appeals the circuit court’s summary dismissal of his successive postconviction petition filed pursuant to Rule 32, Ala. R.Crim. P., in which he challenged his 1994 conviction for murder made capital because it was committed during the course of a robbery, see § 13A-5-40(a)(2), Aa.Code 1975, and his sentence of death. On December 20, 1996, this Court affirmed Clemons’s conviction and sentence of death. On January 16, 1998, the Alabama Supreme Court also affirmed Clemons’s conviction and sentence. Thereafter, on September 10, 1998, this Court…