Powe v. State

STUART, Justice.

In 2000, Michael Leon Powe was convicted of first-degree rape, see § 13A-6-61, Ala.Code 1975; he was sentenced, as a habitual offender, to life imprisonment without the possibility of parole. See § 13A-5-9(e)(3), Ala.Code 1975. The Court of Criminal Appeals affirmed his *694conviction and sentence in an unpublished memorandum. See Powe v. State (No. CR-00-0418, April 20, 2001), 836 So.2d 1004 (Ala.Crim.App.2001) (table). The Court of Criminal Appeals issued a certificate of judgment on May 8, 2001.

On May 1, 2003, Powe filed a Rule 32, Ala. R.Crim. P., petition, challenging his…