State v. Smith

OPINION

REID, Chief Justice.

This case presents an appeal by the State from the decision of the Court of Criminal Appeals reversing the trial court’s dismissal of appellee’s fourth petition for post-conviction relief and remanding the case to the Criminal Court of Greene County for a hearing on the petition. The trial court had dismissed the petition upon finding substantial compliance with Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), and waiver of the grounds asserted for relief. The State has appealed only the issue of waiver. The record supports the trial court’s…