Kirkpatrick v. State

BOWEN, Presiding Judge.

This is an appeal from the denial of a petition for post-conviction relief. The petitioner, Stephen Timothy Kirkpatrick, challenges his 1989 conviction for murder, alleging that his trial counsel was ineffective. His conviction was affirmed by this Court on direct appeal. Kirkpatrick v. State, 574 So.2d 1025 (Ala.Cr.App.1990). The circuit judge denied the petition without a hearing.

The circuit judge who denied the post-conviction petition was the same judge who *1117had presided over the petitioner’s trial. That judge denied the petition in a very thorough written order (R.…