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AL SB187
Bill
AI Summary
SB187 Summary
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Rule 32.2(c) of the Alabama Rules of Criminal Procedure does not apply to capital murder cases where the defendant receives a death sentence and files for post-conviction relief.
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Appellants in death penalty cases must pursue direct appeals and post-conviction remedies under Rule 32 concurrently and simultaneously, with the trial court appointing separate counsel for post-conviction relief within 30 days of sentencing.
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Post-conviction relief petitions in capital cases must be filed within 365 days of the appellant's first brief on direct appeal, with a possible one 90-day extension for good cause shown.
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The circuit court must issue orders within 90 days of the state's answer regarding which claims should be dismissed or set for hearing, with final orders required within 180 days if the petition is still pending at direct appeal conclusion.
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The act applies only to defendants sentenced to death after its effective date (first day of the third month following passage and approval) and establishes specified deadlines and procedures for handling capital punishment appeals.
Legislative Description
Criminal procedure, appeals of capital murder cases when defendant sentenced to death, appeal time reduced, post conviction remedies pursued with direct appeal, Fair Justice Act
Crimes and Offenses
Last Action
Assigned Act No. 2017-417.
5/18/2017