Courtney James Boyd v. State of Alabama
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Rel: 12/16/2011 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, 2011-2012 _________________________ CR-10-1868 _________________________ Courtney James Boyd v. State of Alabama Appeal from Montgomery Circuit Court (CC-99-681.69) WELCH, Presiding Judge. AFFIRMED BY UNPUBLISHED MEMORANDUM. Joiner, J., concurs. Kellum, J., concurs specially, with opinion. CR-10-1868 KELLUM, Judge, concurring specially. I write specially to note that this action appears to be Courtney James Boyd's tenth Rule 32, Ala. R. Crim. P., petition challenging his 1999 conviction for first-degree robbery and his resulting sentence of 20 years' imprisonment. I believe that allowing Boyd to file multiple petitions for postconviction relief in which his claims are either precluded or without merit wastes scarce judicial resources. Therefore, I would encourage the circuit court to consider adopting sanctions like those proposed in 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 Boyd and other similarly situated inmates. See Ex parte Thompson, 38 So. 3d 119 (Ala. Crim. App. 2009). 2
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