Beckworth v. State

MURDOCK, Justice.

This case involves the summary denial of a Rule 32, Ala: R.Crim. P., petition for postconviction relief from a capital-murder conviction and death sentence. This Court granted certiorari review to consider whether -a Rule 32 petitioner has a duty to plead facts negating the affirmative defenses of preclusion under Rule 32.2(a)(3) and (5), Ala. R.Crim. P. (claims that could have been, but were not, raised at trial or on appeal, respectively);

*572 I. Facts and the Proceedings Below ■

The evidence at trial showed that Rex Allen Beckworth and his1 younger Half brother, James Walker,…