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.
Assigned Act No. 2017-417.
Signature Requested
Enrolled
Concurred in Second House Amendment
Ward motion to Concur In and Adopt adopted Roll Call 1275
Concurrence Requested
Motion to Read a Third Time and Pass adopted Roll Call 893
Motion to Adopt adopted Roll Call 892
England Amendment Offered
Motion to Adopt adopted Roll Call 891
Rowe motion to Previous Question adopted Roll Call 890
Judiciary Amendment Offered
Third Reading Passed
Read for the second time and placed on the calendar 1 amendment
Read for the first time and referred to the House of Representatives committee on Judiciary
Engrossed
Motion to Read a Third Time and Pass adopted Roll Call 644
Singleton motion to Adopt adopted Roll Call 643
Singleton Amendment Offered
Ward motion to Adopt adopted Roll Call 642
Ward Amendment Offered
Ward motion to Table adopted Voice Vote
Judiciary Amendment Offered
Third Reading Passed
Read for the second time and placed on the calendar 1 amendment
Read for the first time and referred to the Senate committee on Judiciary
Source: Alabama Legislature