Alabama v. Bogan

McMILLAN, Presiding Judge.

The petitioner, Aurelius Bogan, filed this petition for a writ of mandamus after Judge Michael W. McCormick of the Tenth Judicial Circuit failed to hold his second postconviction petition in abeyance until the appeal from his first postconviction petition was final. Bogan asks us to direct Judge McCormick to set aside his dismissal of Bogan’s petition, which Bogan argues, he lacked jurisdiction to enter.

Bogan filed a postconviction petition in the circuit court for Jefferson County on September 8, 2000. The circuit court dismissed that petition on October 12, 2000,…