Who we are
The Alabama Post-Conviction Relief Project, Inc. (APCRP) began in 2004. It is the only organization of its kind operating in Alabama. It supports volunteer counsel representing inmates on Alabama’s death row in their state post-conviction proceedings. Our mission is to close the gap in Alabama’s broken capital defense system, and our vision is to end the death penalty. Full stop.
What is a post-conviction proceeding and why is it important?
A post-conviction proceeding begins after trial, sentencing, and direct appeal have been completed. Some questions that require deeper investigation include: Was important evidence withheld? Is there new evidence? Were constitutional rights violated? Did the defense lawyer fail to present key evidence? This includes a full investigation, including interviews of all witnesses, counsel, and people close to the defendant, in order to determine what was missed at trial.
In death penalty cases, this stage is critical. If mistakes aren’t properly raised here, they usually can’t be raised later in federal court. That means if this stage is mishandled, the person may lose their last real chance to challenge their sentence.
What problem does APCRP address?
Federal courts will not consider new claims in death penalty cases unless they were first properly raised in state court. If a case is mishandled during state post-conviction review, that person may permanently lose the ability to challenge their conviction or sentence in federal court.
Alabama provides little support at this critical stage. The state has no statewide public defender system and no dedicated post-conviction offices. Counsel is not automatically appointed, and even when counsel is appointed, compensation for things such as experts and litigation costs is sorely underfunded and not even guaranteed for post-conviction representation.
Alabama’s death penalty system is also deeply politicized. Judges, who are elected, have overridden jury recommendations of life to impose death sentences. Twenty percent of people on Alabama’s death row were sentenced to death by a judge despite a jury’s recommendation of life. Research has shown that these overrides disproportionately occurred in cases involving white victims and increase during election years. We also know that District Attorneys will also be motivated to sentence people to death during election seasons.
The consequences of inadequate representation can be devastating. In one case, a lawyer failed to pay a filing fee, resulting in a man losing access to federal review entirely. In another case, an intellectually disabled man was abandoned by his lawyer during an appeal and barred from raising his claims in federal court. When state post-conviction representation fails, the legal system often permanently closes the door.
Our Impact and Needs
Our Impact
APCRP clients are making meaningful progress in the courts. Several former and current APCRP clients have obtained relief in state or federal court because of APCRP's work-up and preservation of their federal constitutional issues in state court.
Our Partners and Supporters
We've received grants from SPLC, local law firms, PHADP, various individuals, and the U.S. Campaign to End the Death Penalty. We also consult with organizations such as the ACLU and Equal Justice Initiative.
Our Need
Each state evidentiary hearing costs an average of $25,000+. With hearings increasing, APCRP must expand its base of supporters to sustain this critical work.