Clay v. State

McMILLAN, Presiding Judge.

The appellant, Louis Ben Clay, Jr., appeals from the trial court’s order denying his Rule 32, Ala. R.Crim. P., petition for postconviction relief.

Clay argues that the Lee Circuit Court lacked jurisdiction to rule upon his Rule 32 petition because he had not paid the filing fee and the court did not rule upon his request to proceed in forma pauperis.

There is no indication in the record that Clay paid the filing fee for his petition; therefore, this case must be remanded to the circuit court on the authority of Broadway v. State, 881 So.2d 1068 (Ala.Crim. App.2003).…