Montoya v. State

Marques Jerome Montoya filed a Rule 32, A.R.Cr.P., petition challenging his convictions for robbery and kidnapping. In its answer, the State responded that "the petition is repetitive." (R. 31.) In its order denying the petition, the trial court found that "this petition is repetitive and fails to raise any issue upon which relief could be granted." (R. 36.)

"In Blount v. State, 572 So.2d 498, 500 (Ala.Cr.App. 1990), the court held that, 'before a subsequent petition can be deemed successive, a previous petition must have been considered on its merits.' . . . In order for a petition to be…