State v. Gagliardi

On January 5, 1996, Michael Gagliardi, was convicted of robbery in the first degree, a violation of § 13A-8-41, Ala. Code 1975. Gagliardi was sentenced pursuant to the Habitual Felony Offender Act to life imprisonment without parole. Gagliardi's conviction was affirmed on direct appeal. Gagliardi v. State,695 So.2d 206 (Ala.Cr.App. 1996). We take judicial notice of the record on direct appeal. On May 21, 1998, Gagliardi filed a Rule 32, Ala.R.Crim.P., petition attacking his 1996 robbery conviction. In his petition, Gagliardi claimed, among other things, that his trial counsel was ineffective…