MARSHALL v. STATE

1012217.

884 So.2d 900 (2003)

Ex parte State of Alabama. (In re Gary Lewis MARSHALL v. STATE of Alabama).

Supreme Court of Alabama.

September 26, 2003.


Attorney(s) appearing for the Case

William H. Pryor, Jr., atty. gen., and Thomas Leverette and Cedric B. Colvin, asst. attys. gen., for petitioner.

Gary Lewis Marhall, pro se.


PER CURIAM.

This Court granted the State's petition for a writ of certiorari to review the Court of Criminal Appeals' decision reversing the circuit court's denial of Gary Lewis Marshall's second Rule 32, Ala. R.Crim. P., petition. The Court of Criminal Appeals concluded that, because Marshall never received notice that his first Rule 32 petition had been dismissed, he was entitled to an out-of-time appeal based on the authority of Ex parte Fountain...

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