Danny Ray Holder v. State of Alabama
Annotate this Case
Download PDF
Rel/12/21/2007 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, 2007-2008 _________________________ CR-06-1146 _________________________ Danny Ray Holder v. State of Alabama Appeal from Madison Circuit Court (CC 87-868.62) McMILLAN, Judge. The appellant, Danny Ray Holder, appeals from the summary denial of his Rule 32, Ala. R. Crim. P., petition for postconviction relief, challenging his 1987 conviction for second-degree assault and his sentence of 30 years' CR-06-1146 imprisonment, as a habitual felony offender. His conviction and sentence were affirmed without opinion by this Court on September 20, 1988. See Holder v. State, 537 So. 2d 72 (Ala. Crim. App.)(table). In the instant Rule 32 petition filed January 8, 2007, Holder claimed that he was due an out-of-time appeal from the denial of his prior Rule 32 petition filed in December 2004. Holder alleged that he was not notified by the trial court of the denial of that petition. judge and circuit clerk After letters to the circuit went unanswered, Holder filed a petition for the writ of mandamus with this Court attempting to compel the petition. 1 trial court to rule on his 2004 Rule 32 This Court denied the petition for the writ of mandamus because circuit court records indicated that his Rule 32 petition had been denied on April 28, 2005. that Holder claimed the prison log would show that he had received no legal mail during the period when his Rule 32 petition was denied. In response specifically to refute the petition, Holder's 1 claim the but State did not said it was His petition (No. CR-06-0373), Ex parte Holder, was filed November 29, 2006, and denied December 8, 2006. 2 CR-06-1146 procedurally barred and meritless. The trial court denied the petition on March 15, 2007. In the instant Rule 32, Ala. R. Crim. P., petition for postconviction relief, Holder has pleaded facts that, if true, may entitle him to an out-of-time appeal from the denial of his first Rule 32 petition. Holder had no burden of proof at the pleading stage of the Rule 32 proceedings. See Ford v. State, 831 So. 2d 641, 644 (Ala. Crim. App. 2001), and Conner v. State, 955 So. 2d 473, 476 (Ala. Crim. App. 2006). State did not refute Holder's claim in its The response; therefore, Holder's allegations must be accepted as true. See Poole v. State, [Ms. CR-05-1846, May 25, 2007] So. 2d (Ala. Crim. App. 2007). This cause is remanded for the circuit court to conduct an evidentiary hearing at which Holder will have opportunity to present evidence to prove his claim. the The return to remand shall include the circuit court's written findings, along with a transcript of the evidentiary hearing, and any other evidence received by the court. A due return shall be filed with this Court within 56 days of the date of this opinion. 3 CR-06-1146 REMANDED WITH DIRECTIONS. Baschab, P.J., and Shaw, Wise, and Welch, JJ., concur. 4
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
