Rhone v. State

I agree with Parts I and IV of the majority's opinion; the circuit court correctly denied the claims in Rhone's Rule, 32, Ala.R.Crim.P., petition for post-conviction relief. However, I disagree with Parts II and III of the opinion. I would grant the State's request and remand this case for the circuit court to accept Rhone's amendment to his Rule 32 petition and to rule on the claims in that amendment.

As the majority recognizes, Rule 32.7(b), Ala.R.Crim.P., provides that "[a]mendments to pleadings may be permitted at any stage of the proceedings prior to the entry of judgment." However, Rule…