Daniel v. State

On Return, to Remand

TYSON, Judge.

This cause was remanded to the Circuit Court of Russell County, Alabama, pursuant to the opinion of the Supreme Court of Alabama in Daniel v. State, 459 So.2d 942 directing that a hearing be held in the Circuit Court on the ground of incompetency of trial counsel or in the alternative, that an evidentiary hearing be held, with findings of fact to be made as to the competency vel non of counsel.

The Circuit Court of Russell County has filed a return in this court after a full hearing on the merits of the appellant’s contentions.

At the hearing, competent counsel…