HB260 Alabama 2017 Session

Under existing court rules, 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

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 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 petition 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 a properly filed petition 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.