Henderson v. State

On November 18, 1998, Charles Malcom Henderson was convicted of murder and was sentenced, as a habitual offender, to life in prison without the possibility of parole. On direct appeal, this Court affirmed his conviction and sentence in an unpublished memorandum. Henderson v. State, (No. CR-98-0468)768 So.2d 1027 (Ala.Crim.App. 1999) (table). The certificate of judgment was issued on August 28, 2001.

On July 2, 2003, Henderson filed this, his second, Rule 32, Ala. R.Crim. P., petition. After the State filed a response, Henderson responded and requested an evidentiary hearing. On August 13,…