Wallace v. State

CHAPEL, Vice Presiding Judge,

specially concurring:

I believe a competent defendant in a capital case can waive his right to direct appeal.1 However, I cannot agree with the majority’s reliance on Cooper v. State2 and the discussion regarding due process which is contained in dicta in the Cooper opinion. In Cooper I concurred in result without writing because of the analysis of the Due Process Clause. I now find Cooper cited here for that purpose, and I must write to state my disagreement with the analysis in Cooper.

This issue is not before us; this Court need not attempt to precisely delineate…