Legal Question in Civil Litigation in Alabama

When a person enters a guilty plea in Alabama, they waive the right to appeal the conviction unless they specifically reserve an issue for appellate review. So, for example, a person who lost a motion to suppress evidence might enter a guilty plea to the charge, but reserve the right to appeal the issue over the admissibility of the evidence against him or her. If no issues are reserved for appeal, then there is nothing for the person to appeal.

There are some limited exceptions to this rule. If there is a jurisdictional defect in the conviction, then a person could still raise that claim in an appeal. Also, if the person files a motion to withdraw their guilty plea within 30 days of sentencing, then the person could file an appeal based on the denial of their request to withdraw the plea. Finally, if a defendant entered a guilty plea due to having received ineffective assistance of counsel,then he or she could file a Rule 32 petition challenging the validity of the conviction.

For more examples of how people can challenge a conviction after a guilty plea, read some of the articles I have posted on the blog section of my website, http://williampfeifer.com. In particular, take a look at the following links:

* Effective assistance of counsel includes accurate advice about the immigration consequences of a guilty plea - http://williampfeifer.com/2010/04/21/10/15/38/legal-news/crime/effective-assistance-of-counsel-includes-accurate-advice-about-the-immigration-consequences-of-a-guilty-plea-alabama-rule-32/253

* Using Rule 32 to set aside a guilty plea - Part 1 -- http://williampfeifer.com/2010/01/26/12/30/23/criminal-procedure/using-rule-32-to-set-aside-a-guilty-plea-conviction-in-alabama-part-1/193

* Using Rule 32 to set aside a guilty plea - Part 2 -- http://williampfeifer.com/2010/01/29/13/51/52/criminal-procedure/using-rule-32-to-set-aside-a-guilty-plea-in-alabama-part-2/233

Good luck to you. If I can be of assistance, please give me a call or send me an email through the contact form on my website at http://williampfeifer.com/contact.

William L. Pfeifer, Jr.