What forms do you need to file a criminal appeal in Alabama? A Google search on this question will lead to a lot of appellate lawyer websites, but a list of which forms to file to start the appellate process is hard to find online. We are fixing that problem by providing information about the […]
In the second installment of our series on improper closing arguments in Alabama trials, we look at the problem of arguing personal opinions and beliefs. While attorneys are certainly free to talk about the evidence and draw logical inferences and conclusions from it, it is improper for a lawyer to express his or her personal […]
Improper closing arguments can provide a good basis for overturning a trial court verdict on appeal, if the issue has been properly preserved for appellate review. This is the first in a series of posts on the issue of improper closing arguments during trial. In Part 1 of this series, we take a look at […]
If a default judgment has been entered against you in Alabama, there is a procedure for having that judgment set aside. Rule 55(c) of the Alabama Rules of Civil Procedure gives trial court judges the discretionary authority to set aside default judgments. The starting point in having the default judgment vacated or set aside is, […]
Alabama attorneys who want to use iPads and other technological advances in their law practices may be interested in reading my new article, Technology in Appellate Law Practice. The article appears in the 4th Quarter issue of The Guardian, the newsletter of the Alabama Criminal Defense Lawyers Association (ACDLA). The article is not currently available […]
There are a number of mistakes trial lawyers make when they venture into Alabama appellate law practice, some of which were covered in our last post on Should Trial Lawyers Handle Their Own Appeals. In that post, we discussed some of the observations made by appellate court judges on why trial lawyers may want to think […]
A question that arises in appellate law practice is whether a trial lawyer should also handle the appeal of a case. This is a complicated issue that deserves more than the simplistic answer it is usually given, and really depends on both the appellate experience of the attorney as well as the specific situation involved […]
Image via Wikipedia The Alabama Rules of Appellate Procedure are now available on this website. The version of the rules posted is current through the most recent amendments that went into effect on February 1, 2009. Posting the Rules of Appellate Procedure to our website is part of our effort to increase public access to […]
In recent weeks, our office has been contacted more and more by people looking for information about filing a claim against their attorney under Rule 32 of the Alabama Rules of Criminal Procedure. Not to be confused with Rule 32 of the Alabama Rules of Judicial Administration which deals with child support, Rule 32 of the Alabama Rules of Criminal Procedure provides a method for defendants to challenge their conviction in a trial court. It is normally filed after a defendant has already lost his or her direct appeal of a conviction, though appealing a conviction is not mandatory before filing a Rule 32 petition in most cases.
We have posted several articles about Rule 32 petitions on this blog, but we have not previously posted a copy of Rule 32 itself. Since so many people seem to be looking for information about Rule 32 petitions, we thought it would be useful to place a copy of the rule itself on our website.
The following is a copy of Rule 32 in it’s entirety, including all of the subsections of the Rule and the committee comments issued concerning the Rule. The general form which the rules say a petition should follow is also included in an appendix to the rule. For more information about filing a Rule 32 petition in your own case, please call me at (800) 737-3702 Extension 1 or fill out the Contact form on our site to send me an email message online.
This is the second in a series of articles on using Rule 32 of the Alabama Rules of Criminal Procedure to set aside a guilty plea. To read Part 1, click here. A defendant who enters an involuntary or coerced guilty plea has the right to petition the court to set aside his plea and […]