Legal Opinion · Concurrence

Magwood v. State

Court of Criminal Appeals of Alabama

Decided May 10, 1996No. CR-92-843Published

1Concurrence

I concur in the majority's treatment of the issues regarding the post-conviction hearing, ineffective assistance of counsel, and newly discovered evidence. I concur in the result only as to all the other issues addressed by the majority. The majority affirms the trial court's judgment. The effect of my approach would be to affirm, because I believe that each and every one of those issues is procedurally barred and should not be addressed by the court in this case. I write only to note that we should not and do not consider on the merits any issue that is in a post-conviction proceeding.

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2Cases cited32 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Illinois v. AllenSupreme Court of the United States · 1970
  3. Sumner v. MataSupreme Court of the United States · 1981
  4. McCleskey v. KempSupreme Court of the United States · 1987
  5. Ford v. WainwrightSupreme Court of the United States · 1986

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