Ex Parte Daniel

This is a death penalty case. We granted certiorari as a matter of right to review the Court of Criminal Appeals' affirmance of the Defendant's conviction and sentence. On appeal, appointed counsel and amicus curiae, appearing by leave of court, argue but a simple issue: whether the Court of Criminal Appeals, 459 So.2d 933, erred in not granting the Defendant a new trial on the ground of incompetency of trial counsel, or, in the alternative, an evidentiary hearing for findings of fact as to the competency vel non determination.

Because of the seriousness of the Defendant's allegations…