Martin v. State, 579 So. 2d 69 (Ala. Crim. App. 1991). · Go Syfert
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Martin v. State, 579 So. 2d 69 (Ala. Crim. App. 1991). Cases Citing This Book View Copy Cite
24 citation events (17 in the last 25 years) across 2 distinct courts.
Strongest positive: Lewis v. Butler (alsd, 2024-08-09)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
cited Cited as authority (rule) Lewis v. Butler
S.D. Ala. · 2024 · confidence medium
App. 2004) (quoting Martin v. State, 579 So.2d 69, 70 (Ala. Crim.
discussed Cited as authority (rule) Fuqua v. State
Ala. Crim. App. · 2005 · confidence medium
In doing so, we quoted the following from Rivers v. State, 666 So.2d 33 (Ala.Crim.App.1994): "In Prim v. State, 616 So.2d 381, 382-83 (Ala.Cr.App.1993), this Court explained that a defendant is required to reserve any issue on which he wishes to appeal before entering his guilty plea: "`[B]ecause a guilty plea waives all non-jurisdictional defects in proceedings occurring before the plea, Martin [v. State, 579 So.2d 69, 70 (Ala.Cr.App. 1991)] and "a guilty plea represents a break in the chain of events which preceded it in the criminal process," Tollett [v. Henderson, 411 U.S. 258, 267 , 93 S.…
discussed Cited as authority (rule) Lewis v. State
Ala. Crim. App. · 2005 · confidence medium
In Rivers v. State, 666 So.2d 33 (Ala.Crim.App.1994), this Court stated: “The transcript of the plea hearing reveals that after the appellant informed the trial court that he pleaded guilty to both offenses and after the trial court had accepted his plea, the appellant’s attorney stated: ‘I’d like to put on the record that this plea is entered, reserving the right to appeal the court’s denial of the motion to suppress.’ The trial judge then responded, ‘The court understands that.’ “In Prim v. State, 616 So.2d 381, 382-83 (Ala.Cr.App.1993), this Court explained that a defendan…
discussed Cited as authority (rule) Smith v. State
Ala. Crim. App. · 2003 · confidence medium
Nothing else, Judge." (R. 4-7, December 5, 2002, hearing.) In Rivers v. State, 666 So.2d 33, 33-34 (Ala.Crim.App.1994), this Court stated: "The transcript of the plea hearing reveals that after the appellant informed the trial court that he pleaded guilty to both offenses and after the trial court had accepted his plea, the appellant's attorney stated: `I'd like to put on the record that this plea is entered, reserving the right to appeal the court's denial of the motion to suppress.' The trial judge then responded, `The court understands that.' "In Prim v. State, 616 So.2d 381, 382-83 (Ala.Cr…
discussed Cited as authority (rule) Lett v. State
Ala. Crim. App. · 1994 · confidence medium
This issue has not been preserved for review because it was not specifically reserved prior to the time the appellant entered his plea. “[A] defendant must reserve his right to appeal an adverse ruling on a[n] issue arising before the plea ‘when the plea of guilty [is] entered,.’ The reason behind such a requirement is clear: because a guilty plea waives all nonjurisdictional defects in proceedings occurring before the plea, Martin [v. State, 579 So.2d 69, 70 (Ala.Cr.App.1991)], and ‘a guilty plea represents a break in the chain of events which has preceded it in the criminal process,�…
discussed Cited "see, e.g." Mullins v. State (2×)
Ala. Crim. App. · 2004 · signal: see, e.g. · confidence medium
See, e.g., Martin v. State, 579 So.2d 69, 70 (Ala.Cr.App.1991).
discussed Cited "see, e.g." Ginn v. State (2×)
Ala. Crim. App. · 2004 · signal: see, e.g. · confidence low
See, e.g., Martin v. State , 579 So.2d 69 , 70 (Ala.Cr.App. 1991).
discussed Cited "see, e.g." Lewis v. State (2×)
Ala. Crim. App. · 2003 · signal: see, e.g. · confidence medium
See, e.g., Martin v. State, 579 So.2d 69, 70 (Ala.Cr.App.1991).
discussed Cited "see, e.g." Rodgers v. State (2×)
Ala. Crim. App. · 2003 · signal: see, e.g. · confidence medium
See, e.g., Martin v. State, 579 So.2d 69, 70 (Ala.Cr.App.1991).
cited Cited "see, e.g." Spears v. State
Ala. Crim. App. · 1994 · signal: see, e.g. · confidence low
See, e.g., Martin v. State , 579 So.2d 69 , 70 (Ala.Cr.App. 1991).
cited Cited "see, e.g." Prim v. State
Ala. Crim. App. · 1993 · signal: see, e.g. · confidence low
See, e.g., Martin v. State , 579 So.2d 69 , 70 (Ala.Cr.App. 1991).
cited Cited "see, e.g." Glover v. State
Ala. Crim. App. · 1992 · signal: see also · confidence low
See also Martin v. State , 579 So.2d 69 , 70 (Ala.Cr.App. 1991).
Retrieving the full opinion text from the archive…
Bobby Martin
v.
State.
CR 89-1593.
Court of Criminal Appeals of Alabama.
Mar 15, 1991.
579 So. 2d 69
Bobby Martin, pro se. Don Siegelman, Atty. Gen., for the State.
James H. Faulkner.
Cited by 14 opinions  |  Published

This is an appeal from the dismissal of a petition for writ of habeas corpus wherein Bobby Martin challenges seven Alabama felony convictions and sentences1 under which he is presently being held, alleging that each conviction was obtained in violation of § 15-9-46, Code of Alabama 1975.

Martin alleges that the State of Alabama lost jurisdiction over him when it allowed him to be transported to Mississippi without first trying him for the seven offenses charged in Alabama. Conversely, Martin also alleges that the State of Mississippi lost jurisdiction over him when it allowed him to be transported back to Alabama without first trying him for the offenses charged in Mississippi.

This court lacks any jurisdiction over Martin's challenges to the convictions obtained in the State of Mississippi, and we shall confine our inquiry to his challenges to the Alabama convictions.

The petition does not allege, and there is no showing, that Martin attempted to present his challenges to the Alabama convictions to the trial court or on direct appeal. Consequently, we find that Martin has waived this issue by failing to timely assert it. "By failing to raise his claim prior to or during the trial, the petitioner has waived any claim for relief he may have had." Tombrello v. State,484 So.2d 1190, 1191 (Ala.Cr.App. 1985).

Martin's reliance upon § 15-9-46, Code of Alabama 1975,2 is, moreover, misplaced. Nowhere in the record on appeal is there any mention of extradition proceedings instituted against Martin in either Alabama or Mississippi. In fact, the record reveals that the State of Mississippi lodged a detainer against Martin pursuant to the Uniform Mandatory Deposition of Detainers Act.3 The record also shows that Martin pleaded guilty in all of the Alabama and Mississippi cases for which he is presently incarcerated. "By pleading guilty, the petitioner waived all nonjurisdictional defects, including any violation of the Uniform Mandatory Disposition of Detainers Act."Tombrello v. State, supra, 484 So.2d at 1191. *Page 71

Finally, we note that "a prisoner has no standing to contest an agreement between two sovereigns concerning the temporary exchange of custody of the prisoner on a writ of habeas corpus ad prosequendum." In re Nix, 465 F.2d 377, 377-78 (5th Cir. 1972), cert. denied, 409 U.S. 1112, 93 S.Ct. 924,34 L.Ed.2d 694 (1973).

Accordingly, we find that the petition for writ of habeas corpus was properly dismissed and we therefore affirm the judgment of the circuit court.

The foregoing opinion was prepared by JAMES H. FAULKNER, a Retired Justice, Supreme Court of Alabama, serving as a judge of this court, and his opinion is adopted as that of this court.

AFFIRMED.

All the Judges concur.

1 Martin had received, in the State of Alabama, three convictions for burglary in the third degree, three convictions for theft in the second degree, and one conviction for theft in the first degree.
2 Section 15-9-46, Code of Alabama 1975, provides that "[i]f a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the governor, at his discretion, either may surrender him on the demand of the executive authority of another state, or may hold him until he has been tried and discharged or convicted and punished in this state."
3 Alabama has codified this act at §§ 15-9-80 through -88, Code of Alabama 1975.