HB216 Alabama 2014 Session

Under existing rule, there is a procedure to initiate a collateral challenge of a conviction of a capital offense after the conclusion of a direct appeal of the conviction of the capital offense.

Also under existing law, there are certain enumerated capital offenses.

This bill would provide that under the Alabama Rules of Criminal Procedure, Rule 32.2(c) shall apply only to non-death penalty cases.

This bill would provide for specific time frames for an appellant to file petitions for post-conviction remedies in death penalty cases.

This bill would provide that direct appellate remedies and post-conviction remedies under Rule 32 of the Alabama Rules of Criminal Procedure shall be pursued concurrently.

This bill would require the trial court judge in death penalty cases to appoint appellate counsel for both direct appeal and post-conviction remedies within a specified time.

This bill would prohibit consideration of any petitions for post-conviction relief or writs, within a specified time after the direct appeal has concluded.

This bill would provide a specified time for consideration of properly filed petitions for post-conviction relief under Rule 32 of the Alabama Rules of Criminal Procedure pending at the time of the conclusion of direct appeal and affirmation of death sentence.

Relating to capital offenses and appeals relating to capital punishment; to provide that Rule 32.2(c) of the Alabama Rules of Criminal Procedure shall apply only to non-death penalty cases; to provide for specific time frames for an appellant to file petitions for post-conviction remedies in death penalty cases; to provide that direct appellate remedies and post-conviction remedies under Rule 32 of the Alabama Rules of Criminal Procedure shall be pursued concurrently; to require the trial court judge in death penalty cases to appoint appellate counsel for both direct appeal and post-conviction remedies within a specified time; to prohibit consideration of any petitions for post-conviction relief or writs within a specified time after the direct appeal has concluded; and to provide a specified time for consideration of properly filed petitions for post-conviction relief under Rule 32 of the Alabama Rules of Criminal Procedure pending at the time of the conclusion of direct appeal and affirmation of death sentence.