Procedural history of the case, listed chronologically. 

 2011: Indicted for intentional murder under Ala. Code §13A-6-2. 

 2019: Convicted of a charge never returned by the grand jury. 

May 20, 2021 — Rule 32 petition
Jason filed his first Alabama postconviction petition alleging ineffective assistance of counsel and other constitutional violations. 

June 16, 2023 — Rule 32 denied
The circuit court denied postconviction relief. 

March 15, 2024 — Rule 32 appeal denied
The Alabama Court of Criminal Appeals affirmed the denial. 

May 17, 2024 — State proceedings concluded
The Alabama Supreme Court denied further review. 

November 1, 2024 — Federal habeas petition filed  

December 23, 2025 — Federal habeas denied  

 July 16, 2026 — Certificate of Appealability denied
The Eleventh Circuit declined to allow the federal habeas appeal to proceed. 

During Jason Green’s Rule 32 proceedings, the courts treated the absence of testimony from trial counsel as leaving the record without sufficient evidence explaining counsel’s reasoning. But the broader judicial record contained trial objections, appellate arguments, and counsel’s own written explanation of the argument he had attempted to make. 

 The Alabama Court of Criminal Appeals concluded that Jason had not presented testimony or other sufficient evidence explaining why trial counsel acted as he did. 

 “The Appellant’s choice of words was poor, what the Appellant was attempting to argue…”  

 In his rehearing application, counsel explained that he had intended to argue that the trial court could not convict or sentence Jason for manslaughter because that offense was neither charged nor properly lesser included under the indictment and facts. 

 Does the absence of live testimony make the record silent when counsel’s own signed appellate filing explains the argument he intended to make?