Grace v. State

Alfred Grace was convicted of robbery in the second degree and sentenced to 25 year's imprisonment. He appealed his conviction to this court, which affirmed in Grace v. State, 431 So.2d 1331 (Ala.Crim.App. 1982). This court at that time held that the failure to give written requested jury instructions was not error, because of the holding in Allen v. State, 414 So.2d 993 (Ala. 1982).

The Federal District Court for the Southern District of Alabama ordered that the appellant be released from state custody unless he was granted an "out-of-time appeal". The court further ordered that his case must…