Ala. R. Crim. P. 32 app.

APPENDIX TO RULE 32

Form for Use in State Court for Petitions for Relief from Conviction

or Sentence Imposed in State Court

(Rule 32, Alabama Rules of Criminal Procedure)

(This form is not to be used to challenge loss of good time deductions from sentence,

changes in custody classification, or jail or prison conditions.)

READ THESE INSTRUCTIONS CAREFULLY BEFORE

YOU BEGIN PREPARING THE PETITION

(1) This petition must be legibly handwritten or typewritten, and must be signed

by the petitioner or petitioner’s attorney under penalty of perjury. Any false statement of

a material fact may serve as the basis for prosecution and conviction for perjury. All

questions must be answered completely in the proper space on the form or on additional

sheets submitted with the form. This form may be obtained from the librarian or other

authorized officer of the corrections institution where you are confined.

(2) Additional pages are permitted. No citation of authorities need be furnished. If

briefs or arguments are submitted, they should be submitted in the form of a separate

memorandum and not as part of this form.

(3) Only the judgments entered in a single trial may be challenged in a particular

petition. If you seek to challenge judgments entered in different trials, either in the same

county or in different counties, you must file separate petitions.

(4) YOU MUST INCLUDE IN THIS PETITION ALL GROUNDS FOR

RELIEF. FAILURE TO INCLUDE A GROUND FOR RELIEF IN THIS PETITION

MAY RESULT IN YOUR BEING BARRED FROM PRESENTING IT IN A FUTURE

PETITION.

(5) YOU MUST INCLUDE ALL FACTS SUPPORTING EACH GROUND FOR

RELIEF AND YOU MUST BE AS SPECIFIC AS POSSIBLE AS TO THE FACTS.

(6) Upon receipt of the appropriate fee, your petition will be filed if it is in proper

order. If you do not know the amount of the fee, ask the librarian or other authorized

officer of the corrections institution where you are confined to give you this information.

(7) If you do not have the necessary fee, you may request permission to proceed

in forma pauperis, in which event you must complete the declaration at the end of this

form, setting forth information establishing your inability to pay the fees and costs or

give security therefor. Your declaration must include financial information relating to the

twelve (12) months preceding the filing of this petition.

If you wish to proceed in forma pauperis, you must have an authorized officer at

the corrections institution where you are confined complete the certificate at the end of

your in forma pauperis declaration as to the amount of money and securities on deposit to

your credit in any account in the institution.

(8) Complete all applicable items in the petition. When the petition is fully

completed, the ORIGINAL AND TWO (2) COPIES must be mailed to the Clerk of the

Court in which you were convicted.

(9) You must comply with these instructions in order to have your petition

promptly considered.

Case Number

_____ _____ ____________

ID YR NUMBER

(To be Completed by Court Clerk)

PETITION FOR RELIEF FROM CONVICTION OR SENTENCE

(Pursuant to Rule 32, Alabama Rules of Criminal Procedure)

IN THE ____________________ COURT OF __________________, ALABAMA

____________________________ v. ______________________________

Petitioner (Full Name) Respondent

[Indicate either the “State” or, if filed in

municipal court, the name of the

“Municipality”]

Prison Number _________ Place of Confinement ______________________________

County of Conviction ____________________

NOTICE: BEFORE COMPLETING THIS FORM, READ CAREFULLY THE

ACCOMPANYING INSTRUCTIONS.

1. Name and location (city and county) of court which entered the judgment of

conviction or sentence under attack ________________________________________

_____________________________________________________________________

2. Date of judgment of conviction ____________________________________________

3. Length of sentence ______________________________________________________

4. Nature of offense involved (all counts) ______________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

5. What was your plea? (Check one)

(a) Guilty ____

(b) Not Guilty ____

(c) Not Guilty by reason of mental disease or defect ____

(d) Not Guilty and not guilty by reason of mental disease or defect ____

If you entered a guilty plea to one count or indictment, and a not guilty plea to another

count or indictment, give details:

__________________________________________________________________

__________________________________________________________________

_________________________________________________________________

6. Kind of trial: (Check one)

(a) Jury ______ (b) Judge only ______

7. Did you testify at the trial?

Yes ______ No ______

8. Did you appeal from the judgment of conviction?

Yes ______ No ______

9. If you did appeal, answer the following:

(a) As to the state court to which you first appealed, give the following

information:

(1) Name of court________________________________________________

___________________________________________________________

(2) Result______________________________________________________

___________________________________________________________

(3) Date of result ________________________________________________

___________________________________________________________

(b) If you appealed to any other court, then as to the second court to which you

appealed, give the following information:

(1) Name of court _______________________________________________

___________________________________________________________

(2) Result______________________________________________________

___________________________________________________________

(3) Date of result ________________________________________________

___________________________________________________________

(c) If you appealed to any other court, then as to the third court to which you

appealed, give the following information:

(1) Name of court _____________________________________________

___________________________________________________________

(2) Result_____________________________________________________

___________________________________________________________

(3) Date of result ______________________________________________

___________________________________________________________

10. Other than a direct appeal from the judgment of conviction and sentence, have you

previously filed any petitions, applications, or motions with respect to this judgment

in any court, state or federal?

Yes ______ No ______

11. If your answer to Question 10 was “yes,” then give the following information in

regard to the first such petition, application, or motion you filed:

(a) (1) Name of court ______________________________________________

(2) Nature of proceeding _________________________________________

(3) Grounds raised ______________________________________________

___________________________________________________________

___________________________________________________________

____________________________________________________________

(attach additional sheets if necessary)

(4) Did you receive an evidentiary hearing on your petition, application, or

motion?

Yes ______ No ______

(5) Result _____________________________________________________

(6) Date of result _______________________________________________

(b) As to any second petition, application, or motion, give the same information:

(1) Name of court _______________________________________________

(2) Nature of proceeding __________________________________________

(3) Grounds raised ______________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

(attach additional sheets if necessary)

(4) Did you receive an evidentiary hearing on your petition, application, or

motion?

Yes ______ No ______

(5) Result _____________________________________________________

(6) Date of result _______________________________________________

(c) As to any third petition, application, or motion, give the same information

(attach additional sheets giving the same information for any subsequent

petitions, applications, or motions):

(1) Name of court ______________________________________________

(2) Nature of proceeding _________________________________________

______________________________________________________________

(3) Grounds raised ______________________________________________

______________________________________________________________

______________________________________________________________

______________________________________________________________

______________________________________________________________

(attach additional sheets if necessary)

(4) Did you receive an evidentiary hearing on your petition, application, or

motion?

Yes ______ No ______

(5) Result ______________________________________________________

(6) Date of result ________________________________________________

(d) Did you appeal to any appellate court the result of the action taken on any

petition, application, or motion?

(1) First petition, etc. Yes ___ No ___

(2) Second petition, etc. Yes ___ No ___

(3) Third petition, etc. Yes ___ No ___

ATTACH ADDITIONAL SHEETS GIVING THE SAME

INFORMATION FOR ANY SUBSEQUENT PETITIONS,

APPLICATIONS, OR MOTIONS.

(e) If you did not appeal when you lost on any petition, application, or

motion, explain briefly why you did not:

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

12. Specify every ground on which you claim that you are being held unlawfully, by

placing a check mark on the appropriate line(s) below and providing the required

information. Include all facts. If necessary, you may attach pages stating additional

grounds and the facts supporting them.

GROUNDS OF PETITION

Listed below are the possible grounds for relief under Rule 32. Check the ground(s) that

apply in your case, and follow the instruction under the ground(s):

___ A. The Constitution of the United States or of the State of Alabama requires a new

trial, a new sentence proceeding, or other relief.

For your information, the following is a list of the most frequently

raised claims of constitutional violation:

(1) Conviction obtained by plea of guilty which was unlawfully induced or not

made voluntarily with understanding of the nature of the charge and the

consequences of the plea.

(2) Conviction obtained by use of coerced confession.

(3) Conviction obtained by use of evidence gained pursuant to an

unconstitutional search and seizure.

(4) Conviction obtained by use of evidence obtained pursuant to an unlawful

arrest.

(5) Conviction obtained by a violation of the privilege against self-incrimination.

(6) Conviction obtained by the unconstitutional failure of the prosecution to

disclose to the defendant evidence favorable to the defendant.

(7) Conviction obtained by a violation of the protection against double jeopardy.

(8) Conviction obtained by action of a grand or petit jury which was

unconstitutionally selected and impaneled.

(9) Denial of effective assistance of counsel.

This list is not a complete listing of all possible constitutional violations.

If you checked this ground of relief, attach a separate sheet of paper with this ground

listed at the top of the page. On this separate sheet of paper list each constitutional

violation that you claim, whether or not it is one of the nine listed above, and include

under it each and every fact you feel supports this claim. Be specific and give

details.

___ B. The court was without jurisdiction to render the judgment or to impose the

sentence.

If you checked this ground of relief, attach a separate sheet of paper with this ground

listed at the top of the page. On this separate sheet of paper list each and every fact

you feel supports this claim. Be specific and give details.

___ C. The sentence imposed exceeds the maximum authorized by law, or is otherwise

not authorized by law.

If you checked this ground of relief, attach a separate sheet of paper

with this ground listed at the top of the page. On this separate sheet

of paper list each and every fact you feel supports this claim. Be

specific and give details.

___ D. Petitioner is being held in custody after his sentence has expired.

If you checked this ground of relief, attach a separate sheet of paper with this ground

listed at the top of the page. On this separate sheet of paper list each and every fact

you feel supports this claim. Be specific and give details.

___ E. Newly discovered material facts exist which require that the conviction or

sentence be vacated by the court, because:

The facts relied upon were not known by petitioner or petitioner’s counsel at the

time of trial or sentencing or in time to file a post-trial motion pursuant to Rule

24, or in time to be included in any previous collateral proceeding, and could not

have been discovered by any of those times through the exercise of reasonable

diligence; and

The facts are not merely cumulative to other facts that were known; and

The facts do not merely amount to impeachment evidence; and

If the facts had been known at the time of trial or sentencing, the result would

probably have been different; and

The facts establish that petitioner is innocent of the crime for which he was

convicted or should not have received the sentence that he did.

If you checked this ground of relief, attach a separate sheet of paper with this ground

listed at the top of the page. On this separate sheet of paper list each and every fact

you feel supports this claim. Be specific and give details.

___ F. The petitioner failed to appeal within the prescribed time and that failure was

without fault on petitioner’s part.

If you checked this ground of relief, attach a separate sheet of paper with this ground

listed at the top of the page. On this separate sheet of paper list each and every fact

you feel supports this claim. Be specific and give details.

13. IMPORTANT NOTICE REGARDING ADDITIONAL PETITIONS RULE 32.2(b)

LIMITS YOU TO ONLY ONE PETITION IN MOST CIRCUMSTANCES. IT

PROVIDES:

“Successive Petitions. The court shall not grant relief on a second or successive

petition on the same or similar grounds on behalf of the same petitioner. A second or

successive petition on different grounds shall be denied unless 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.”

A. Other than an appeal to the Alabama Court of Criminal Appeals or the Alabama

Supreme Court, have you filed in state court any petition attacking this conviction

or sentence?

Yes ______ No ______

B. If you checked “Yes,” give the following information as to earlier

petition attacking this conviction or sentence:

(a) Name of court __________________________________________________

(b) Result _________________________________________________________

(c) Date of result _________________________________________________

(attach additional sheets if necessary)

C. If you checked the “Yes” line in 13A, above, and this petition contains a different

ground or grounds of relief from an earlier petition or petitions you filed, attach a

separate sheet or sheets labelled: “EXPLANATION FOR NEW GROUND(S) OF

RELIEF.”

On the separate sheet(s) explain why “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 [why the] failure to entertain

[this] petition will result in a miscarriage of justice.”

14. Do you have any petition or appeal now pending in any court, either state or federal,

as to the judgment under attack?

Yes ______ No ______

15. Give the name and address, if known, of each attorney who represented you at the

following stages of the case that resulted in the judgment under attack:

(a) At preliminary hearing ______________________________________________

________________________________________________________________

(b) At arraignment and plea _____________________________________________

_________________________________________________________________

(c) At trial____________________________________________________________

_________________________________________________________________

(d) At sentencing ______________________________________________________

__________________________________________________________________

(e) On appeal _________________________________________________________

__________________________________________________________________

(f) In any post-conviction proceeding ______________________________________

__________________________________________________________________

__________________________________________________________________

(g) On appeal from adverse ruling in a post-conviction proceeding_______________

__________________________________________________________________

16. Were you sentenced on more than one count of an indictment, or on more than one

indictment, in the same court and at the same time?

Yes ______ No ______

17. Do you have any future sentence to serve after you complete the sentence imposed by

the judgment under attack?

Yes ______ No ______

(a) If so, give name and location of court which imposed sentence to be served in the

future: ____________________________________________________________

__________________________________________________________________

(b) And give date and length of sentence to be served in the future: ______________

__________________________________________________________________

(c) Have you filed, or do you contemplate filing, any petition attacking the judgment

which imposed the sentence to be served in the future?

Yes ______ No ______

18. What date is this petition being mailed?_____________________________________

Wherefore, petitioner prays that the Court grant petitioner relief to which he may

be entitled in this proceeding.

PETITIONER’S VERIFICATION UNDER OATH SUBJECT

TO PENALTY FOR PERJURY

I swear (or affirm) under penalty of perjury that the foregoing is true and correct.

Executed on___________________________

(Date)

____________________________________

Signature of Petitioner

SWORN TO AND SUBSCRIBED before me this the ____ day of ____________,

19________.

____________________________________

Notary Public

OR*

ATTORNEY’S VERIFICATION UNDER OATH SUBJECT TO PENALTY

FOR PERJURY

I swear (or affirm) under penalty of perjury that upon information and belief, the

foregoing is true and correct. Executed on ___________________________.

(Date)

__________________________________

Signature of Petitioner’s Attorney

SWORN TO AND SUBSCRIBED before me this the _____ day of ___________,

19_________.

___________________________________

Notary Public

Name and address of attorney representing petitioner in this proceeding (if any)

__________________________________________

__________________________________________

__________________________________________

__________________________________________

* If petitioner is represented by counsel, Rule 32.6(a) permits either petitioner or counsel to verify

the petition.

Case Number

_____ _____ ____________

ID YR NUMBER

(To be Completed by Court Clerk)

IN FORMA PAUPERIS DECLARATION

_____________________________

[Insert appropriate court]

______________________________

(Petitioner)

v.

______________________________

(Respondent(s))

DECLARATION IN SUPPORT OF REQUEST TO

PROCEED IN FORMA PAUPERIS

I, _________________, declare that I am the petitioner in the above entitled case;

that in support of my motion to proceed without being required to prepay fees, costs, or

give security therefor, I state that because of my poverty I am unable to pay the costs of

said proceeding or to give security therefor; that I believe I am entitled to relief.

1. Are you presently employed Yes [] No []

a. If the answer is “yes,” state the amount of your salary or wages per month, and give

the name and address of your employer.

______________________________________________________________

______________________________________________________________

b. If the answer is “no,” state the date of last employment and the amount of the salary

and wages per month which you received.

____________________________________________________________________

____________________________________________________________________

2. Have you received within the past twelve months any money from any of the following

sources?

a. Business, profession, or other form of self-employment?

Yes [] No []

b. Rent payments, interest, or dividends?

Yes [] No []

c. Pensions, annuities, or life insurance payments?

Yes [] No []

d. Gifts or inheritances?

Yes [] No []

e. Any other sources?

Yes [] No []

If the answer to any of the above is “yes,” describe each source of money and state the

amount received from each during the past twelve months.

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

3. Do you own cash, or do you have money in a checking or savings account?

Yes [] No []

(Include any funds in prison accounts.)

If the answer is “yes,” state the total value of the items owned.

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

4. Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable

property (excluding ordinary household furnishings and clothing)?

Yes [] No []

If the answer is “yes,” describe the property and state its approximate value.

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

5. List the persons who are dependent upon you for support, state your relationship to

those persons, and indicate how much you contribute toward their support.

_____________________________________________________________________

_____________________________________________________________________

I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true

and correct. Executed on _________________.

(date)

___________________________________

Signature of Petitioner

Certificate

I hereby certify that the petitioner herein has the sum of $_____________ on account to

his credit at the _____________________ institution where he is confined. I further

certify that petitioner likewise has the foregoing securities to his credit according to the

records of said _____________________ institution:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________ ________________________________________

DATE AUTHORIZED OFFICER OF INSTITUTION