Smith v. State

COBB, Judge.

Tony Lee Smith appeals from the circuit court’s denial of Smith’s petition for a writ of mandamus in which he requested the circuit court to direct the district court to rule on Smith’s in forma pauperis declaration. Smith had filed the in forma pauper-is declaration in conjunction with his filing of a Rule 32, Ala.R.Crim.P., petition. In ruling on this appeal, this Court takes judicial notice of the appellate records in cases no. CR-00-2164 and CR-01-0105, both prior appeals filed by Smith, as well as the record underlying the instant appeal.

On October 30, 2000, Smith filed a…