S.A.R. v. State of Alabama
March 23, 2012
In this case, said individual S.A.R. was tried and convicted of two counts of first-degree sodomy and two counts of first-degree rape. He was sentenced to serve life imprisonment. S.A.R. appealed his convictions and sentences; they were reaffirmed. May 13, 2009, a certificate of judgment was issued by the court. November 12, 2009, S.A.R filed for a petition of postconviction relief. In support of this petition, S.A.R. claimed that exculpatory evidence failed to be presented in trial, and that he was appointed insufficient counsel. Also, during the same day, three more motions for discovery were filed. These motions requested for audio recordings made by the victim. The State filed in response to his petition and S.A.R. filed another motion, requesting a copy of his trial transcript. The court denied his petition, but failed to address his claim requesting said transcript, exhibits, and briefs.
Decision: Affirmed and reversed in part. The court filed an order for remand stating that the counsel of S.A.R. failed to provide him with his requested documents. The court denied him copies of the audio recording the court ruled in this manner for two reasons: One, the court granted S.A.R. a dismissal of Rule 32 petition, allowing him 60 days to amend his petition. Two, S.A.R. argued that, because the recording was public record, he was not required to provide cause. However, the audio was not public record and S.A.R. was required to show cause that he was entitled a copy. This portion of the ruling is set to be reaffirmed.