Cornelison v. State

This case- is before us on return to remand, and the majority dismisses Christian Emerson Cornelison’s appeal as moot. I agree that the issue regarding trial counsel’s failure to challenge the search warrant and the issue regarding the sentence were resolved below and are now moot. I disagree with the majority as to its resolution of the third issue — whether trial counsel was ineffective because he failed to file a motion to withdraw Cornelison’s guilty plea.

The case before us originated as a Rule 32, Ala. R.Crim. P., petition. The circuit court dismissed the petition and, on appeal, this…