Ex Parte Stephens

Victor R. Stephens filed this petition for a writ of mandamus requesting an out-of-time appeal from the denial of his Rule 32, Ala.R.Crim.P., petition for postconviction relief attacking his sentence of death. In October 2004, Stephens filed a Rule 32 petition in the Hale Circuit Court. On November 22, 2004, Judge Jack W. Meigs entered an order dismissing the Rule 32 petition. In January 2005, Stephens moved to allow discovery. On January 18, 2005, Judge Meigs sent Stephens a letter stating that the State's motion to dismiss the Rule 32 petition had been granted in November 2004. Stephens…