Inmate Charleton Thomas petitioned for postconviction relief, which the circuit court summarily dismissed. The Court of Criminal Appeals, by unpublished memorandum, affirmed the summary dismissal of Thomas's petition, concluding that Thomas's Rule 32 petition was untimely because, at the time he filed his Rule 32 petition, Thomas had not paid the filing fee or filed a request to proceed in forma pauperis. Upon review, the Supreme Court reversed and remanded, finding that the evidence in the record created a question of material fact as to whether Thomas's in forma pauperis declaration was filed with his Rule 32 petition, so as to render the Rule 32 petition timely. View "Ex parte Thomas." on Justia Law
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