SB187 Alabama 2017 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 Rule 32.2(c) of the Alabama Rules of Criminal Procedure shall apply only to non-death penalty cases

This bill would require an appellant to file petitions for post-conviction remedies in death penalty cases within a specific time frame

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

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 petitions for post-conviction relief or writs within a specified time after the direct appeal has concluded

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

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.