Fidel Martinez v. State of Alabama.

On Remand from the Alabama Supreme Court

WELCH, Judge.

In Ex parte Martinez, 75 So.3d 616 (Ala.2009), the Alabama Supreme Court reversed the judgment of this Court and remanded the case for this Court to review Martinez’s appeal of the denial of his Rule 32, Ala. R.Crim. P., petition and to determine whether Martinez was entitled to the remedy afforded by the doctrine of equitable tolling and, if he was, to determine whether the circuit court was correct to deny Martinez relief.

Initially, this Court was not entirely sure what the Alabama Supreme Court’s remand directions in Martinez meant when…