Baker v. State

In May 14, 2003, Donald Earl Baker filed his fourth Rule 32, Ala. R.Crim. P., petition in this case, along with an in forma pauperis declaration. After the State had responded, the circuit court summarily denied the petition on June 7, 2003. This appeal followed.

As the State and Baker point out, the record does not indicate either that the circuit court granted Baker's motion to proceed in forma pauperis or that it assessed a filing fee against him. We have recently addressed a similar situation:

"In Goldsmith v. State, 709 So.2d 1352 (Ala.Crim.App. 1997), Goldsmith filed a petition for a writ…