Samuel Earl Ivory v. State of Alabama
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REL: 11/05/2010 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. ALABAMA COURT OF CRIMINAL APPEALS OCTOBER TERM, 2010-2011 _________________________ CR-09-1767 _________________________ Samuel Earl Ivory v. State of Alabama Appeal from Tuscaloosa Circuit Court (CC-95-73.66; CC-95-117.66; CC-95-118.66) PER CURIAM. AFFIRMED BY UNPUBLISHED MEMORANDUM. Welch and Main, JJ., specially, with opinion. in the result. concur. Kellum, J., concurs Wise, P.J., and Windom, J., concur CR-09-1767 KELLUM, Judge, concurring specially. I write specially to note that this action appears to be Ivory's sixth Rule 32, Ala. R. Crim. P., petition challenging his 1995 convictions. Ivory has raised nearly identical challenges to his indictment in at least five of these Rule 32 petitions. I believe that allowing Ivory to file unlimited petitions for postconviction relief in which he repeatedly raises the same issues wastes scarce judicial resources. Given the number of Rule 32 petitions filed by Ivory and the nature of the claims made in those petitions, I would encourage the circuit court to adopt sanctions pursuant to Peoples v. State, 531 So. 2d 323 (Ala. Crim. App. 1988), and Procup v. Strickland, 792 F.2d 1069 (11th Cir. 1986), to prevent future frivolous litigation on the part of Ivory. See Ex parte Thompson, 38 So. 3d 119 (Ala. Crim. App. 2009), and other cases involving similarly situated inmates. 2
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