Fondren v. State

I dissent from the majority’s decision to remand this case to the Circuit Court for Jefferson County for review of the appellant’s claims concerning the performance of his trial and appellate counsel. As the majority states, the issues concerning the ineffective performance of his trial counsel were not preserved for appellate review. Ex parte Jackson, 598 So.2d 895 (Ala.1992); Madden v. State, 624 So.2d 1082 (Ala.Cr.App.1993); Hudgins v. State, 615 So.2d 1297 (Ala.Cr.App.1993); Trawick v. State, 431 So.2d 574 (Ala.Cr.App.1983). Further, ineffective performance of appellate counsel is not a…