Max Power
Max Power is the Editor-in-Chief of Undoing Time. You can reach him at [email protected] or by calling 866-664-3052
In today’s Alabama Criminal Caselaw Roundup we’ll be discussing the latest in developments of Alabama criminal law, criminal appeals, and post-conviction relief.
Cases we’ll cover include Capital Murder, death sentence, post conviction relief, post-conviction relief, Fair Justice Act, writ of mandamus, Rule 32 petition, and more.
The Alabama Criminal Caselaw Roundup is a blog and video podcast summarizing the latest developments in criminal law, criminal appeals, and post-conviction relief in the State of New Alabama. Each week we digest the latest reversed convictions throughout the Alabama Court of Appeals and the Alabama Supreme Court.
This is a FREE service designed to report to you the cutting edge of developments in Alabama criminal law, appeals, and post-conviction relief.
ALABAMA SUPREME COURT
No reversals reported
ALABAMA COURT OF CRIMINAL APPEALS
CLICK TO READ Ex Parte State of Alabama, Docket # CR-2023-0825
Defendant was convicted of two counts of Capital Murder and sentenced to death on November 29, 2021. At a December 13, 2021 hearing, the trial court appointed standby counsel for all post-conviction matters because Defendant requested to represent himself in post-conviction matters
He directly appealed his conviction. Because Abernathy was sentenced to death after August 1, 2017, his petition for postconviction relief is governed by the Fair Justice Act (“the FJA”), which is codified at § 13A-5-53.1, Ala. Code 1975. The FJA requires that “a petition for post-conviction relief from a case in which the death penalty was imposed” be “filed within 365 days of the filing of the appellant defendant’s first brief on direct appeal.” § 13A-5-53.1(c).
On August 19, 2022, the State filed a motion requesting that the Circuit Court, “if the court has not already done so,” appoint Abernathy separate counsel for the purpose of seeking postconviction relief, as required by § 13A-5-53.1(b). The court issued an order reiterating that it had appointed standby counsel.
Abernathy filed his first brief on direct appeal on February 15, 2023, which would make his Rule 32 petition due on February 15, 2024. Appellate counsel moved the Circuit Court to appoint counsel for Defendant for post-conviction relief and sought a 270-day extension of time to file his Rule 32 petition. The State opposed the 270-day extension of time. The Circuit Court entered an order appointing counsel for post-conviction relief and granted the 270-day extension of time. The State filed a petition for a writ of mandamus.
The Court of Criminal Appeals ruled that the Circuit Court did not have the authority under the Fair Justice Act to grant a 270-day extension. Mandamus is an extraordinary remedy and will be granted only where there is (1) a clear legal right in the petitioner to the order sought; (2) an imperative duty upon the respondent to perform, accompanied by a refusal to do so; (3) the lack of another adequate remedy; and (4) properly invoked jurisdiction of the court. The State met its burden in this case.
The case was remanded with instructions to vacate the order, and still allowed the Defendant time to file his Rule 32 petition for post-conviction relief.
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SPECIFIC SEARCH TERMS (TAGS)
Capital Murder, death sentence, post conviction relief, post-conviction relief, Fair Justice Act, writ of mandamus, Rule 32 petition
