Ex parte Davis

Summary

The Supreme Court of Alabama held that, under Ex parte Clemons, procedural bars in Rule 32.2(a), Ala. R. Crim. P., are nonjurisdictional and may be waived. The court reversed the Court of Criminal Appeals' sua sponte application of those bars to Jimmy Davis's ineffective-assistance-of-counsel claims and remanded for consideration of the claims on their merits.

Holdings

1. Because Rule 32.2(a) procedural bars are nonjurisdictional and waivable, the Court of Criminal Appeals erred by sua sponte applying those bars to Davis's ineffective-assistance-of-counsel claims after the State had not raised them in the trial court.
2. The Supreme Court declined to decide issues not previously considered on the merits by the Court of Criminal Appeals and declined to direct that court to adopt its prior dictum regarding Davis's penalty-phase ineffective-assistance claim; instead, the Court of Criminal Appeals was required to consider all of Davis's ineffective-assistance claims on their merits.

Questions Presented

1. Whether Ex parte Clemons's holding that Rule 32.2(a) procedural bars are nonjurisdictional and waivable required reversal of the Court of Criminal Appeals' judgment.
2. Whether the Supreme Court of Alabama should decide the merits of Davis's ineffective-assistance-of-counsel claims or direct the Court of Criminal Appeals to grant relief based on that court's prior dictum regarding penalty-phase counsel.

Disposition

reversed_and_remanded