Elmore v. State

I respectfully dissent from the majority’s unpublished memorandum affirming the circuit court’s summary denial of Robert Eugene Elmore’s Rule 32, Ala.R.Crim. P., petition.

I disagree with the majority’s conclusion that the circuit court did not err when it denied Elmore’s claim that he was not mentally competent at the time he pleaded guilty because, the majority concludes, that claim did not meet the specificity requirement of Rule 32.6(b), Ala.R.Crim.P. My review of the record reveals that El-more was arrested for kidnapping on January 22, 1994; the arrest warrant charged him with…