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GORDON v. NAGLE

No. 92-6100.

19 F.3d 640 (1994)

Sammie Lee GORDON, Plaintiff-Appellant, v. John E. NAGLE, Warden; Attorney General of the State of Alabama, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 27, 1994.

Attorney(s) appearing for the Case

Douglas H. Scofield, Scofield, West & French, Birmingham, AL, for appellant.

Cecil G. Brendle, Jr., Asst. Atty. Gen., Montgomery, AL, for appellee.

Before COX and DUBINA, Circuit Judges, and GODBOLD, Senior Circuit Judge.

GODBOLD, Senior Circuit Judge:

In this case we have certified to the Supreme Court of Alabama the following question:

Does the failure to inform an age-qualified defendant of his right to apply for youthful offender status deprive the trial court of jurisdiction to entertain a guilty plea, such that a subsequent challenge to that conviction cannot be barred by the limitations period of Ala.R.Crim.P. 32.2(c)?

Gordon v. Nagle, 2 F.3d 385 (1994...

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