Legal Question in Appeals and Writs in Alabama

Re: Legality

Possibly, but it would depend on several factors. Your post does not provide any details about the situation, so these are just some general points that may or may not apply. I'm assuming that his plea was entered in circuit court, because you said there was a transcript.

First, did your fiance raise any good issues for an appeal before he entered a guilty plea? For example, was there a hearing on a motion to suppress evidence, was there a challenge to a statement that he gave to law enforcement, were there any defects in the indictment, or other issues that may have been raised by his attorney prior to reaching a plea agreement? If your husband did not preserve any issues for appeal, then it would not really matter whether or not the judge told him he was waiving the right to appeal the case.

Second, are there any issues related to whether your fiance received ineffective assistance of counsel from his attorney? For example, if your fiance was coerced into entering a guilty plea, he may be able to challenge the conviction through filing what is called a Rule 32 petition. Although a person can waive the right to appeal certain issues, you cannot waive the right not to be coerced into a plea.

Third, how long ago did all of this happen? There are time limits on how long he has to file a motion for a new trial, a notice of appeal, or a Rule 32 petition alleging ineffective assistance of counsel.

Finally, what is your fiance's goal? Is he trying to back out of a plea agreement and go to trial, or is there some issue in the case where he believes he should not have been prosecuted in the first place. Part of determining the right course of action is to look at the goal you want to achieve.

These are just some of the factors to look at in determinging whether your fiance has any options to challenge his conviction now. In order to give you more detailed advice, I would need to look at the transcript and to talk to you about what happened.

Our firm handles appeals as well as Rule 32 petitions all over Alabama, and we would be glad to discuss your fiance's case with you. Feel free to give me a call or send me an email, and we can set up a time to talk about the situation. If you reach the voicemail, please leave a message with how you can be reached, or send me an email with your contact information.

Good luck to you. Please let me know if we can be of assistance.