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AL HB216
Bill
Status
1/14/2014
Primary Sponsor
Lynn Greer
Click for details
AI Summary
HB 216 Summary
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Rule 32.2(c) of the Alabama Rules of Criminal Procedure shall not apply to capital murder cases where a defendant is sentenced to death and files a post-conviction relief petition.
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Direct appellate remedies and post-conviction remedies must be pursued concurrently in death penalty cases, with separate counsel appointed for each within 30 days of the death sentence.
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Petitions for post-conviction relief in capital cases must be filed within 180 days of the appellant's first brief on direct appeal, with one possible 90-day extension for good cause.
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Circuit courts must issue orders on post-conviction petitions within 90 days of the state's answer, and final orders within 180 days if the petition is still pending when direct appeal concludes.
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The bill applies only to defendants sentenced to death after the effective date and becomes effective on the first day of the third month following passage and approval.
Legislative Description
Criminal procedure, new classes of capital offense, reduce appeal time, Fair Justice Act
Crimes and Offenses
Last Action
Judiciary first Amendment Offered
4/1/2014