Phelps v. State

The defendant was indicted and convicted for the murder of his twenty month old stepson, James Allen Weaver, Jr., "by hitting or kicking him with his hand or foot." Alabama Code Section 13A-6-2 (1975). Sentence was life imprisonment. Three issues are raised on appeal.

I

The defendant argues that his confession was inadmissible because he was denied the effective assistance of counsel in that counsel failed to give him "even the most rudimentary legal advice."

After the defendant had choked, assaulted and abused his stepson on the morning of August 24, 1981, he telephoned his wife at work. She…