Legal Opinion · Concurrence

W.B.S. v. State

Court of Criminal Appeals of Alabama

Decided May 29, 2015No. CR-13-0494Published

1ConcurrenceJoiner, Judge

W.B.S. challenges the circuit court’s dismissal of his Rule 32, Ala. R.Crim. P., petition. In determining the propriety of that decision, this Court makes two conclusions: (1) that, because “the plain language of Rule 32.1, Ala. R.Crim. P., does not include juveniles who have been adjudicated delinquent,” 192 So.3d at 420, Rule 32 is not a mechanism by which a juvenile who has been adjudicated delinquent may challenge counsel’s ineffectiveness; and (2) that “W.B.S.’s only avenue for challenging counsel’s effectiveness would be through the filing of a common-law writ.” 192 So.3d at 420. I…

2Cases cited17 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. McMann v. RichardsonSupreme Court of the United States · 1970
  3. Pennsylvania v. FinleySupreme Court of the United States · 1987
  4. Murray v. GiarratanoSupreme Court of the United States · 1989
  5. Ex Parte JenkinsSupreme Court of Alabama · 2005

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API