Robertson v. State

I concur in the decision to deny certiora-ri review in this case. I write separately because the case touches on an issue that merits further attention — the subject-matter jurisdiction of the Alabama courts in criminal cases.

Robertson filed a petition under Rule 32, Ala. R.Crim. P., challenging a nearly 30-year-old conviction that resulted from a guilty plea. He did not appeal that conviction. Under most circumstances, any of those factors would preclude postconviction relief. See Fuqua v. State, 912 So.2d 290, 291 (Ala.Crim.App.2005)(guilty plea waives all nonjurisdictional defects…