Roberts v. State

11 Karl Roberts appeals the circuit court’s finding that he has the capacity to choose between life and death and to knowingly and intelligently waive his right to post-conviction relief. He also asserts that mandatory review should be extended to postconviction proceedings in capital cases and that a rejection of his attempt to rescind his waiver violates the “solid footing” doctrine. We hold that the circuit court erred when it found that Roberts has the capacity to choose between life and death and could make a knowing and intelligent waiver; accordingly, we reverse and remand.

I. Background