McLeod v. State

I concur in the result reached in the majority’s opinion.

I

The State’s legitimate lack of opportunity to plead procedural bars, and recognition that the State did not waive the bar, does not relieve this Court of the obligation to conduct the extraordinary circumstance analysis mandated by Ex parte Clemons before sua sponte applying procedural bars.

I believe that the majority has failed to follow the plain mandate of Ex parte Clemons, 55 So.3d 348 (Ala.2007). I disagree with the majority’s conclusion that because the State had no opportunity to respond in the trial court, it did not waive the…