Habeas Corpus in Alabama: Rule 32

Alabama allows postconviction relief through the statutory writ of habeas corpus. [1] The procedure for habeas corpus is set forth in Ala. R. Crim. P. 32, or Rule 32. [2] Rule 32 petitions may be filed based on one or a combination of the following bases [3]:

(a) The constitution of the United States or of the State of Alabama requires a new trial, a new sentence proceeding, or other relief.

(b) The court was without jurisdiction to render judgment or to impose sentence.

(c) The sentence imposed exceeds the maximum authorized by law or is otherwise not authorized by law.

(d) The petitioner is being held in custody after the petitioner's sentence has expired.

(e) Newly discovered material facts exist which require that the conviction or sentence be vacated by the court, because: (1) The facts relied upon were not known by the petitioner or the petitioner's counsel at the time of trial or sentencing or in time to file a posttrial motion pursuant to Rule 24, or in time to be included in any previous collateral proceeding and could not have been discovered by any of those times through the exercise of reasonable diligence; (2) The facts are not merely cumulative to other facts that were known; (3) The facts do not merely amount to impeachment evidence; (4) If the facts had been known at the time of trial or of sentencing, the result probably would have been different; and (5) The facts establish that the petitioner is innocent of the crime for which the petitioner was convicted or should not have received the sentence that the petitioner received.

(f) The petitioner failed to appeal within the prescribed time from the conviction or sentence itself, from the revocation of probation or participation in a community corrections program, or from the dismissal or denial of a petition previously filed pursuant to this rule and that failure was without fault on the petitioner's part.

A Rule 32 petition must be filed in the court where the petitioner was convicted. [4] Petitioners must also provide a clear and specific statement of the grounds upon which relief is sought including the full factual basis for the grounds. [5] In submitting the pleading, the petitioner’s burden is only to provide the clear and specific basis of the grounds relied upon for relief. [6] Once the petitioner meets that burden, the petitioner is entitled to the opportunity to present evidence to satisfy the burden of proof. [7] The State must respond to the petition within 30 days or within another time specified by the court. [8] Rule 32 petitions may be amended at any time prior to the final order. [9] The court hearing the Rule 32 petition has the option of holding a prehearing conference where the court may order the petitioner to show the materiality of the testimony expected to be presented. [10] “Materiality” generally means that there is a reasonable probability that, but for the substance of the issue, there is a reasonable probability sufficient to undermine confidence in the outcome that the results of the proceeding would have been different.

A common Rule 32 claim is ineffective assistance of counsel. Proving ineffective assistance of counsel requires the petitioner to show both deficient performance and resulting prejudice. [11] An attorney’s performance is deficient when it falls below an objective standard of reasonableness as guided by professional norms. [12] The standard of deficient performance is broadly phrased because it has to be. Attorneys perform a wide range of functions that do not neatly fall into bright line rules. Accordingly, the Supreme Court has held that the deficient performance inquiry is “whether, in light of all the circumstances, the identified acts or omissions were outside the wide range of professionally competent assistance.” [13] Resulting prejudice is met where there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. [14] Claims of ineffective assistance of counsel must be raised in the first Rule 32 petition. [15]

Rule 32 petitions are subject to strict time limitations and must be filed within one year of the denial of the direct appeal or the expiration of the time for filing an appeal. [16] Newly discovered evidence claims may provide an exception to the time limitation, but such claims must be filed within six months of the discovery of the newly discovered evidence. [17] Lack of jurisdiction may also provide an exception. [18]

Rule 32 petitions are a complicated process. If you or someone you love are in need of Rule 32 representation, contact Peter Armstrong, Attorney at Law, for a free consultation.

Citations:
1. Ala. Code § 15-21-1.
2. Salter v. State, 606 So. 2d 209, 211 (Ala. Crim. App. 1992).
3. Ala. R. Crim. P. 32.1.
4. Ala. R. Crim. P. 32.5.
5. Ala. R. Crim. P. 32.6(b).
6. Ford v. State, 831 So. 2d 641, 644 (Ala. Crim. App. 2001).
7. Id.
8. Ala. R. Crim. P. 32.7(a).
9. Ala. R. Crim. P. 32.7(b).
10. Ala. R. Crim. P. 32.8.
11. Strickland v. Washington, 466 U.S. 668, 687 (1984).
12. Id. at 688.
13. Id. at 690.
14. Id. at 694.
15. Ala. R. Crim. P. 32.2(d).
16. Ala. R. Crim. P. 32.2(c).
17. Ala. R. Crim. P. 32.2(b) & (c).
18. Id.