State v. Terry

Phillip Benford Terry filed a petition in the Circuit Court of Morgan County for relief from conviction or sentence, pursuant to Rule 32 of the Alabama Rules of Criminal Procedure, attacking his June 13, 1989, conviction for trafficking in cannabis. Counsel was appointed to represent Terry in this matter. After numerous pleadings were filed, the circuit judge, who was the same judge who had presided over Terry's trial, conducted a hearing on the Rule 32 petition. At the conclusion of the hearing, the circuit court found that Terry had been denied effective assistance of counsel at trial,…