Owens v. State

The appellant, Richard Owens, was convicted of rape in the first degree, a violation of § 13A-6-61, Code of Alabama 1975, on November 27, 1984. He was sentenced to 99 years' imprisonment pursuant to the Habitual Felony Offender Act. The appellant's first appeal was dismissed for failure to prosecute; however, on August 13, 1991, he was granted this out-of-time appeal pursuant to an order by the Eleventh Circuit Court of Appeals affirming the recommendation of the United States Magistrate to grant the appellant habeas relief.

The state's evidence tended to show that on the afternoon of May 31,…