Q: the best way to file a successive rule 32 petition
capital offense , in collateral stage , federal level , all claims denied
A:
This question isn't real clear. Taking an educated guess, it appears that you may mean that a person was convicted of a capital offense, and that the defendant has exhausted all levels of relief in federal court. You ask about a "successive Rule 32 petition". If by "successive", you mean that there has already been a Rule 32 petition in state court, and that Rule 32.2(b) governs, and it provides:
32.2 (b) SUCCESSIVE PETITIONS
If a petitioner has previously filed a petition that challenges any judgment, all subsequent petitions by that petitioner challenging any judgment arising out of that same trial or guilty-plea proceeding shall be treated as successive petitions under this rule. The court shall not grant relief on a successive petition on the same or similar grounds on behalf of the same petitioner. A successive petition on different grounds shall be denied unless (1) the petitioner is entitled to relief on the ground that the court was without jurisdiction to render a judgment or to impose sentence or (2) the petitioner shows both that good cause exists why the new ground or grounds were not
known or could not have been ascertained through reasonable diligence when the first petition was heard, and that failure to entertain the petition will result in a miscarriage of justice.
What this means is that the defendant only gets one bite at the Rule 32 apple unless he or she can show that the trial court was without jurisdiction in the case (which is highly unlikely) or he or she has new evidence that was not considered in the original petition and can further show that he or she was unaware of the new evidence at the time of the first petition and further show that he or she could not through reasonable diligence have discovered the new evidence at the time the first petition was heard, and further show that the failure to allow the petition will result in a miscarriage of justice. This last element probably means that the new evidence must constitute proof of actual innocence.
The format for a Rule 32 petition is prescribed in the Appendix to Rule 32, which appears after all the rules and can be found here: http://judicial.alabama.gov/library/rules/CR32_appx.pdf
Hope this helps.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
