Sammie Lee Gordon v. John E. Nagle, Warden Attorney General of the State of Alabama

GODBOLD, Senior Circuit Judge:

In this case we have certified to the Supreme Court of Alabama the following question:

Does the failure to inform an age-qualified defendant of his right to apply for youthful offender status deprive the trial court of jurisdiction to entertain a guilty plea, such that a subsequent challenge to that conviction cannot be barred by the limitations period of Ala.R.Crim.P. 32.2(c)?

Gordon v. Nagle, 2 F.3d 385 (1994). The Supreme Court of Alabama has answered that question in the negative. Gordon v. Nagle, — So.2d -, 1994 WL 94526 (1994).

Based upon that answer we…