Rule 32 Petitions: Good, Bad, or Just Plain Ugly?

I am frequently asked whether I file Rule 32 petitions. Well, like most other questions, the answer is — “it depends.”

What Is a Rule 32 Petition in Alabama?

One of the most common questions I get is: “What exactly is a Rule 32 petition?” In short, it’s a petition for post-conviction relief filed under Rule 32 of the Alabama Rules of Criminal Procedure.

When Is a Rule 32 Petition Filed?

After a defendant is convicted, their first option is usually to pursue a direct appeal to the Alabama Court of Criminal Appeals. If the court affirms the conviction, the defendant can file an application for rehearing, arguing that the court overlooked a key issue, misunderstood the argument, or misapplied the law. If the rehearing is denied, the next step is to file a petition for writ of certiorari with the Alabama Supreme Court — though keep in mind, that court doesn’t have to take the case.

Once the direct appeal process ends, a certificate of judgment is issued. That’s when the clock starts ticking — the defendant has one year to file a Rule 32 petition.

What Can Be Raised in a Rule 32 Petition?

There are numerous grounds that can be raised in an initial Rule 32 petition — including constitutional violations, ineffective assistance of counsel, and newly discovered evidence. These grounds are outlined in the official Rule 32 form, which you can view here: Rule 32 Form (PDF).

But once that initial one-year window closes, only “jurisdictional” claims may be raised — and only if they weren’t already brought up on appeal or in a prior Rule 32 petition. For a more in-depth look, I recommend this helpful summary from the Huntsville Bar Association: Rule 32 CLE Outline (PDF).

So… What Is a Jurisdictional Claim?

That’s the million-dollar question. Clients often ask me to define “jurisdictional,” and I wish I had a simple checklist — it would make life a lot easier.

In general, a jurisdictional claim refers to something that affects the court’s legal authority to hear the case. For instance, claims of ineffective assistance of counsel must be raised either during direct appeal or in the initial Rule 32 petition. If you try to raise that claim later, it’s barred — because it’s not considered jurisdictional.

Here’s an interesting fact: Alabama Circuit Courts derive their jurisdiction not from the indictment, state code, or criminal procedure rules, but from the Alabama Constitution of 1901 (yes, the famously long one — some say it’s a world record contender). Many defense attorneys lean heavily on the U.S. Constitution, forgetting that Alabama’s Constitution also plays a vital role in post-conviction proceedings.

Indictment Errors and Jurisdiction

Historically, minor defects in an indictment — like typos — could overturn a conviction. But over time, Alabama appellate courts and lawmakers agreed that not every mistake is worth reversing a case over.

For example, I recently looked into a case involving a Rule 32 claim based on an incorrect date of death in the indictment. The date was amended without the defendant’s consent, and the question was whether that made the indictment invalid. Alabama law (not quoted verbatim here) says that dates can generally be corrected without consent, unless the death occurred after the indictment was issued — because obviously, you can’t charge someone with killing a person who is still alive.

Should You File a Rule 32 Petition?

In most cases, if there’s another possible remedy, I recommend pursuing that instead of filing a Rule 32 petition. For example, it may be far more productive to hire an attorney for a parole hearing than to invest time and money in a Rule 32 petition — especially given the low success rate and the fact that evidentiary hearings are not guaranteed.

If the petition is denied, you can appeal, starting the whole process over again — much like the original direct appeal.

Final Thoughts

The reality is tough: Rule 32 petitions are rarely successful. I understand that many families of incarcerated individuals have limited resources and can’t afford endless legal battles. That’s why I often suggest exploring alternative remediesfirst.

I hope this overview has helped demystify the Rule 32 process and pointed you toward some useful resources. If you have questions about post-conviction options or want to talk through the specifics of a case, I’m happy to help.

As always, blog posts are not intended to be legal advice, and you should always seek the advice of a licensed attorney in your legal matter. If you would like to schedule a consultation, contact me at (334)557-0500 or hayden@hsizemorelaw.com. Consultation fees do apply.

Alabama law requires this disclaimer: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.