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04/25/95 WILLIE CLISBY v. STATE

April 25, 1995

WILLIE CLISBY, JR.
v.
STATE



Appeal from Jefferson Circuit Court. (CC-80-248.60). James Garrett, TRIAL JUDGE.

The Name of this Case has been Corrected by the Court November 7, 1995. Rehearing Denied April 27, 1995. Certiorari Denied April 28, 1995. Released for Publication November 28, 1995.

Taylor, Presiding Judge. All The Judges Concur.

The opinion of the court was delivered by: Taylor

TAYLOR, PRESIDING JUDGE

This cause having come on to be considered on an appeal from the denial of a Rule 32, Ala.R.Crim.P., petition and having been considered by the Court, this Court finds as follows. This petition was correctly denied upon grounds that each of the four contentions set forth by the petitioner is procedurally barred by Rule 32.2(a), 32.2(b), and 32.2(c), Ala.R.Crim.P. The Court considers the petition to be filed for no reason other than to delay. A procedural history is attached to this opinion as Appendix A. It demonstrates that a great amount of time is allowed to a convicted person to pursue appeals and post-conviction remedies.

While the petition was denied on procedural grounds and this Court's affirmance of the trial court's denial is based entirely upon procedural grounds, this Court also observes that each of the four arguments would be denied on the merits if the merits were reached.

The trial court's denial of appellant's petition for post-conviction relief filed pursuant to Rule 32, Ala.R.Crim.P., is affirmed.

AFFIRMED.

ALL THE JUDGES CONCUR.

19950425

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