How to appeal an award of attorney’s fees in Alabama appellate cases. There are certain situations where a judge may order a party to a lawsuit to pay the legal fees of the opposing party. In those situations, one of the biggest areas of disagreement can be over what amount qualifies as a reasonable attorney’s […]
We have now launched an appellate law page on Facebook called Alabama Appellate Lawyer. On this page, we will be sharing a variety of information related to Alabama law with a particular focus on issues related to appeals. If you are a frequent user of Facebook, you can easily know when we’ve posted new information […]
Your conversations in the Baldwin County Courthouse are on audiotape. Anyone who has litigated a case in the Baldwin County Courthouse in recent months, particularly those with criminal charges, should be aware that everything you discussed with your lawyer or your family in the hallways or stairwells was probably captured on audiotape by the Sheriff’s […]
Many people find this website while looking for copies of the Alabama Rules of Appellate Procedure. We were one of the first sites to make the full text of the rules available online for free, and we try to keep the version on this site current with any amendments or additions to the official rules. […]
On March 1, 2010, the Alabama Supreme Court issued an order making amendments to the Alabama Rules of Appellate Procedure. These updates do not go into effect until June 1, 2010, and the version of the appellate rules posted on this website will be updated to reflect those updates on or before that date. Until […]
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 […]
The United States Supreme Court recently held that an attorney’s duty to provide effective assistance of counsel includes the responsibility of providing accurate advice about the immigration consequences of a guilty plea. Providing incorrect legal advice to an immigrant about the deportation consequences of a guilty plea to drug trafficking charges constitutes ineffective assistance of counsel, and can serve as grounds for setting aside a guilty plea. In Alabama, such a petition would be raised under Rule 32 of the Alabama Rules of Criminal Procedure, which provides Alabama’s method for asserting that a defendant received ineffective assistance of counsel.
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.