SB187 Alabama 2017 Session

Sponsors

Session

Regular Session 2017

Title

Criminal procedure, appeals of capital murder cases when defendant sentenced to death, appeal time reduced, post conviction remedies pursued with direct appeal, Fair Justice Act

Description

<p class="bill_description"> 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</p><p class="bill_description"> Also under existing law, there are certain enumerated capital offenses</p><p class="bill_description"> This bill would provide that Rule 32.2(c) of the Alabama Rules of Criminal Procedure shall apply only to non-death penalty cases</p><p class="bill_description"> This bill would require an appellant to file petitions for post-conviction remedies in death penalty cases within a specific time frame</p><p class="bill_description"> This bill would require an appellant to pursue direct appellate remedies and post-conviction remedies under Rule 32 of the Alabama Rules of Criminal Procedure concurrently</p><p class="bill_description"> 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</p><p class="bill_description"> This bill would prohibit consideration of petitions for post-conviction relief or writs within a specified time after the direct appeal has concluded</p><p class="bill_description"> This bill would provide that properly filed petitions for post-conviction relief under Rule 32 of the Alabama Rules of Criminal Procedure that are still pending at the time of the conclusion of direct appeal and affirmation of death sentence may be considered for a specified amount of time</p><p class="bill_entitled_an_act"> Relating to appeals of 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 a specific time frame for an appellant to file petitions for post-conviction remedies in death penalty cases; to require appellants to pursue direct appellate remedies and post-conviction remedies under Rule 32 of the Alabama Rules of Criminal Procedure 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 petitions for post-conviction relief or writs within a specified time after the direct appeal has concluded; and to provide that properly filed petitions for post-conviction relief under Rule 32 of the Alabama Rules of Criminal Procedure that are still pending at the time of the conclusion of direct appeal and affirmation of death sentence may be considered for a specified amount of time. </p>

Subjects

Crimes and Offenses