McMillian v. State

The appellant, Marvin Bernard McMillian, was convicted of attempted murder, a violation of §§ 13A-6-2 and 13A-4-2, Code of Alabama 1975. He was sentenced as a habitual felon to life imprisonment. The appellant filed a motion for a new trial, which was denied by operation of law when the trial court did not rule on the motion within 60 days of pronouncement of sentence as provided in Rule 24.4, Ala.R.Crim.P. The appellant then filed a petition for post-conviction relief under Rule 32, Ala.R.Crim.P., attacking his conviction. The court held a hearing on the appellant's petition but did not make…