Brooks v. State

The State of Alabama petitioned this Court for a writ of certiorari, which we granted, to address whether the Court of Criminal Appeals erred in reversing the judgment of the trial court denying Rodgrick Cornilius Brooks's second Rule 32, Ala.R.Crim.P., petition for postconviction relief. The Court of Criminal Appeals concluded that Brooks might have been entitled to an out-of-time appeal from the dismissal of his first Rule 32 petition based on the authority of Ex parte Fountain,842 So.2d 726 (Ala. 2001), and Ex parte Johnson, 806 So.2d 1195 (Ala. 2001). We reverse and remand.

The record…