does any one know what rule 32 is?

Ive been thinking about this all morning and for the life of me i can't remember what it is...seems like it has something to do with "re-sentencing". If it is i believe there's a time limit or something...

But i'm sure Lynn will be around later day and help us out....

In very simple terms, as I understand it, and trust me I get confused - a Rule 32 is a State Habeas petition, the second part in the normal appeals process in a death penalty case.

At this point it is usual for the defendant to enlist a new attorney enabling, among other claims, one of ineffective counsel against the first attorney in the case.

Insane I know, and a waste of taxpayers money, but this is how it is in Alabama.

I have found a Post Conviction Manual at EJI.

This includes Rule 32 and should be helpful in answering other questions. :thumbsup:

http://www.eji.org/postconviction_manual.html

Rule 32's are great if you can get an attorney to take it. We tried to file one for my husband.The lawyer I spoke with said they can be won, that it is just very hard to prove you didn't get affective counsel.I think they were blowing smoke up my skirt because they didn't want to take on the D.A. in this county.( the court appt. attorney my husband had actually told him to file a rule 32 against her)I guess she knew no one would take it!!!!