Brown v. State
Brown v. State
Opinion of the Court
The appellant, James Lewis Brown, appeals from the trial court’s summary denial of his petition for post-conviction relief filed pursuant to Rule 32, Ala.R.Crim.P., attacking his 1994 conviction for burglary in the first degree and his resulting sentence of life imprisonment without parole as a habitual felon. The appellant’s conviction and sentence were affirmed on direct appeal by unpublished memorandum. See Brown v. State, 682 So.2d 523 (Ala.Cr.App. 1995) (table).
In his Rule 32 petition, the appellant alleged numerous nonjurisdictional constitutional infirmities in the proceedings at his trial and contended that his trial counsel and his appellate counsel were ineffective. The trial court summarily denied the appellant’s petition on the ground that all of the claims presented were procedurally barred by the provisions of Rule 32.2(a), Ala.R.Crim.P., as matters that were or could have been raised by the appellant at trial and on direct appeal.
Upon reviewing the appellant’s petition, we find that all of the claims presented
REMANDED WITH DIRECTIONS.
. The procedures for raising claims of ineffective assistance of trial counsel set forth in Ex parte Jackson, 598 So.2d 895 (Ala. 1992), overruled by Ex parte Ingram, 675 So.2d 863 (Ala. 1996), were in place at the time of the appellant’s direct appeal. The appellant had new counsel on direct appeal. Appellate counsel was afforded an opportunity to present, in a motion for a new trial, the claim that the appellant's trial counsel was ineffective. This claim was then pursued on direct appeal.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.