AL SB194

Rule 32.2(c) of the Alabama Rules of Criminal Procedure shall not apply to capital murder cases with death sentences seeking post-conviction relief under specified grounds.

Post-conviction remedies in death penalty cases must be pursued concurrently with direct appeals, with separate counsel appointed for each within 30 days of the death sentence.

Petitions for post-conviction relief in capital cases must be filed within 180 days of the appellant's first brief on direct appeal, with a possible 90-day extension for good cause shown.

Circuit courts must issue orders within 90 days of the state's answer identifying claims to be dismissed or set for hearing, with final orders required within 180 days if the petition is still pending at direct appeal conclusion.

The act applies to defendants sentenced to death after its effective date, which is the first day of the third month following passage and approval by the Governor.