Smoot v. State

ON RETURN TO REMAND

TYSON, Judge.

Pursuant to this court’s opinion of September 29, 1989, Smoot v. State, 555 So.2d 307 (Ala.Crim.App.1989), the Circuit Court of Montgomery County, Alabama, has conducted an evidentiary hearing on the merits of the appellant’s allegations with reference to the allegation of ineffective assistance of counsel and other allegations presented in a petition seeking post-conviction relief under Rule 20, A.R.Crim.P. Temp.

When the record first arrived and was filed in this court, the circuit court had denied the petition, but had not made specific findings on the merits…