Summary
The Alabama Supreme Court held that the petitioner’s notice of appeal from the reinstatement of a dismissed Rule 32 post-conviction petition was timely. Although a postjudgment motion did not toll the appeal period, the circuit court’s order vacating the original dismissal eliminated the final judgment, making the later reinstatement order the appealable final judgment.
Topics
Practice areas
Questions Presented
- Whether Landers's notice of appeal was timely when the circuit court vacated its original dismissal before later entering an order reinstating that dismissal.
- Whether the circuit court's June 6 order vacating the original dismissal eliminated a final judgment from which Landers could appeal.
Holdings
- Landers's August 1, 2008, notice of appeal was timely because it was filed within 42 days of the circuit court's July 28, 2008, final judgment.
- An order vacating a prior dismissal of a Rule 32 petition eliminates the final judgment and reinstates the case in the circuit court, so no appeal lies from the vacated dismissal.
Key quotations
“Landers’s postjudgment motion did not toll the time for filing a notice of appeal. However, the circuit court’s June 6, 2008, order, which vacated its May 16, 2008, order, did reinstate the case in the circuit court.” (878)
“Consequently, as a matter of law, Landers’s notice of appeal filed on August 1, 2008, was timely, and the Court of Criminal Appeals erred in dismissing Landers’s appeal.” (878)
Factual background
Landers filed a Rule 32 petition alleging ineffective assistance of trial counsel. The circuit court dismissed the petition on May 16, 2008, vacated that dismissal on June 6, 2008, and ordered Landers to submit supporting materials; after Landers reported that counsel would not provide an affidavit and requested an evidentiary hearing, the circuit court entered a July 28, 2008, order purporting to reinstate the original dismissal. Landers filed his notice of appeal on August 1, 2008, within 42 days of the July 28 order.
Procedural history
The Morgan Circuit Court initially dismissed Landers's Rule 32 petition, later vacated that dismissal, and then purported to reinstate it. Landers appealed from the reinstatement order, but the Court of Criminal Appeals dismissed the appeal as untimely, reasoning that a postjudgment motion did not toll the appeal period. The Supreme Court of Alabama granted certiorari, reversed, and remanded.
Remand instructions
The case was remanded to the Alabama Court of Criminal Appeals for proceedings consistent with the opinion.