Supreme Court of Alabama

Ex Parte John Michael Ward. (In Re John Michael Ward v. State of Alabama).

February 19, 20102010 Ala. LEXIS 256

Summary

The Alabama Supreme Court held that the Rule 32.2(c) limitations period is not jurisdictional and that the newly recognized doctrine of equitable tolling applies retroactively, allowing Ward to assert it despite not raising it in his original petition. The Court reversed the Court of Criminal Appeals’ summary dismissal, denied Ward’s motion to supplement the record, and remanded for an evidentiary hearing on the equitable‑tolling claim.