In another update…
Prosecutors have from the Alabama Attorney General’s office have moved to dismiss an appeal petition by former Limestone County Sheriff Mike Blakely.
Blakely reported for his three-year prison sentence for theft and ethics charges February 24th, but his attorneys have filed a Rule 32 petition in an attempt to appeal his conviction.
The Rule 32 process is separate from Blakely’s direct appeal which was unsuccessful and focuses on issues related to the defendant’s constitutional rights.
Blakely’s attorneys have claimed that that lack of proper license by the sentencing judge, Pamela Baschab means Blakely should get a new trial. They argue the court did not have jurisdiction to render judgment and impose a sentence.
But in a motion filed Monday, prosecutors said the petition should be dismissed on both procedural grounds and also called the Blakely claim legally and factually meritless.
The state said that Blakely’s claims fail procedurally largely because they could have been raised at trial or during his direct appeal but they were not.
More legal wrangling’s and updates to come…