Ala. R. Crim. P. 32.2

(a) PRECLUSION OF GROUNDS. A petitioner will not be given relief under this

rule based upon any ground:

(1) Which may still be raised on direct appeal under the Alabama Rules

of Appellate Procedure or by posttrial motion under Rule 24; or

(2) Which was raised or addressed at trial; or

(3) Which could have been but was not raised at trial, unless the ground

for relief arises under Rule 32.1(b); or

(4) Which was raised or addressed on appeal or in any previous

collateral proceeding not dismissed pursuant to the last sentence of Rule 32.1 as

a petition that challenges multiple judgments, whether or not the previous collateral

proceeding was adjudicated on the merits of the grounds raised; or

(5) Which could have been but was not raised on appeal, unless the

ground for relief arises under Rule 32.1(b).

(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.

(c) LIMITATIONS PERIOD. Subject to the further provisions hereinafter set

out in this section, the court shall not entertain any petition for relief from a

conviction or sentence on the grounds specified in Rule 32.1(a) and (f), unless the

petition is filed: (1) In the case of a conviction appealed to the Court of Criminal

Appeals, within one (1) year after the issuance of the certificate of judgment by the

Court of Criminal Appeals under Rule 41, Ala.R.App.P.; or (2) in the case of a

conviction not appealed to the Court of Criminal Appeals, within one (1) year

after the time for filing an appeal lapses; provided, however, that the time for filing

a petition under Rule 32.1(f) to seek an out-of-time appeal from the dismissal or

denial of a petition previously filed under any provision of Rule 32.1 shall be six (6)

months from the date the petitioner discovers the dismissal or denial, irrespective

of the one-year deadlines specified in the preceding subparts (1) and (2) of this

sentence; and provided further that the immediately preceding proviso shall not

extend either of those one-year deadlines as they may apply to the previously filed

petition. The court shall not entertain a petition based on the grounds specified in

Rule 32.1(e) unless the petition is filed within the applicable one-year period

specified in the first sentence of this section, or within six (6) months after the

discovery of the newly discovered material facts, whichever is later; provided,

however, that the one-year period during which a petition may be brought shall in

no case be deemed to have begun to run before the effective date of the precursor

of this rule, i.e., April 1, 1987.

(d) CLAIMS OF INEFFECTIVE ASSISTANCE OF COUNSEL. Any claim that

counsel was ineffective must be raised as soon as practicable, either at trial, on

direct appeal, or in the first Rule 32 petition, whichever is applicable. In no event

can relief be granted on a claim of ineffective assistance of trial or appellate

counsel raised in a successive petition.*