McCartha v. State

KELLUM, Judge.

The appellant, Tony Mark MeCartha, appeals from the circuit court’s denial of his petition for postconviction relief filed pursuant to Rule 82, Ala. R.Crim. P., in which he challenged his 2004 convictions for first-degree sodomy. This Court affirmed McCartha’s convictions and sentences, by an unpublished memorandum. See MeCartha v. State (No. CR-03-1949), 954 So.2d 1141 (Ala.Crim.App.2005) (table). This Court entered a certificate of judgment on February 10, 2006.

On February 12, 2007, MeCartha filed a Rule 32 petition,1 his first, in the Russell Circuit Court. In his petition,…