Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Jones v. State

Alabama Court of Criminal Appeals

November 21, 2014

Jeremy Bryan Jones
v.
State of Alabama

          Appeal from Mobile Circuit Court. (CC-05-1601.60).

         For Appellant: Elizabeth Peyton Faulk, Montgomery.

         For Appellee: Luther Strange, atty. gen., and Thomas R. Govan, asst. atty. gen.

         KELLUM, Judge. Windom, P.J., and Welch, Burke, and Joiner, JJ., concur.

          OPINION

Page 1143

          KELLUM, Judge.

         Jeremy Bryan Jones appeals the circuit court's summary dismissal of his petition for postconviction relief filed pursuant to Rule 32, Ala. R. Crim. P.

         In 2005, Jones was convicted of four counts of capital murder in connection with the murder of Lisa Nichols. The murder was made capital: (1) because it was committed during the course of a rape or an attempted rape, see § 13A-5-40(a)(3), Ala. Code 1975; (2) because it was committed during the course of sexual abuse or attempted sexual abuse, see § 13A-5-40(a)(8), Ala. Code 1975; (3) because it was committed during the course of a burglary, see § 13A-5-40(a)(4), Ala. Code 1975; and (4) because it was committed during the course of a kidnapping or an attempted kidnapping, see § 13A-5-40(a)(1), Ala. Code 1975. The jury recommended, by a vote of 10-2, that Jones be sentenced to death; the trial court followed the jury's recommendation and sentenced Jones to death for his capital-murder convictions. This Court affirmed Jones's convictions and sentence on appeal. See Jones v. State, 43 So.3d 1258 (Ala.Crim.App. 2007). The Alabama Supreme Court denied certiorari review, and this Court issued a certificate of judgment on February 19, 2010.

Page 1144

On October 4, 2010, the United States Supreme Court denied certiorari review. See Jones v. Alabama, 562 U.S. 858, 131 S.Ct. 129, 178 L.Ed.2d 77 (2010).

         On February 18, 2011, Jones, through counsel, timely filed his Rule 32 petition, raising numerous claims, including several allegations of ineffective assistance of trial and appellate counsel. That same day, Jones filed a motion requesting that the circuit judge recuse himself from hearing the petition; the motion was denied on February 21, 2011. Jones filed a petition for a writ of mandamus in this Court requesting that we order the circuit judge to recuse himself. This Court granted the petition on June 15, 2011, by order (case no. CR-10-0938). The State then filed a petition for a writ of mandamus in the Alabama Supreme Court requesting that the Supreme Court vacate this Court's order granting Jones's mandamus petition. The Alabama Supreme Court granted the petition and issued the writ on December 9, 2011. See Ex parte Jones, 86 So.3d 350 (Ala. 2011). A certificate of judgment was issued on January 4, 2012.

         On April 11, 2012, the State filed an answer and a motion to dismiss Jones's petition, in which it argued that all of Jones's claims were insufficiently pleaded, failed to state a material issue of fact or law, were meritless, or were precluded. On April 12, 2012, Jones filed an " Unopposed Motion to File Petitioner's Reply Brief Within 90 Days of Entry of Court Order," in which Jones requested 90 days to file a reply to the State's response and motion to dismiss. (C. 736.) The circuit court granted the motion on April 18, 2012. On July 16, 2012, Jones timely filed a reply to the State's response and motion to dismiss. In his reply, Jones conceded that several of his claims of ineffective assistance of trial and appellate counsel were insufficiently pleaded, and he requested leave to file an amended petition to cure the pleading deficiencies. Jones also included in his reply a request to file a motion for discovery simultaneously with an amended petition.

         On July 17, 2012, one day after Jones filed his reply to the State's response, the circuit court issued an order summarily dismissing Jones's petition. The order stated: " MOTION TO DISMISS filed by STATE OF ALABAMA is hereby GRANTED." (C. 823; capitalization in original.) On July 27, 2012, the State filed a postjudgment motion requesting that the circuit court " amend and supplement its July 17, 2012, order dismissing Jones's Rule 32 petition by adopting the proposed order submitted by the State," which proposed order the State attached to its postjudgment motion. (C. 824.) On August 7, 2012, the circuit court issued an order granting the State's postjudgment motion. That same day, the circuit court adopted as its own the State's proposed order and again summarily dismissed Jones's petition. In its August 7, 2012, order dismissing Jones's petition, the circuit court found that all of Jones's claims were insufficiently pleaded, failed to state a material issue of fact or law, were meritless, or were precluded. Although the circuit court did not specifically mention in its order Jones's request to amend his petition, by summarily dismissing the petition the circuit court effectively denied Jones's request for leave to amend.

         On August 9, 2012, Jones filed an objection to the circuit court's adoption of the State's proposed order, and on August 14, 2012, Jones filed a postjudgment motion to reconsider, in which Jones argued that the circuit court had erred in adopting the State's proposed order and in not granting his request to amend his petition. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.