Benton v. State

I concur with the majority's decision to remand Benton's case for the circuit court to make specific, written findings regarding Benton's claim that he did not voluntarily waive his right to pursue a direct appeal and postconviction relief. However, I dissent from the holding in part I that Benton's claim that the State did not prove every element of the capital offense is precluded because it could have been, but was not, raised at trial and on appeal.

In his petition, Benton claimed that the trial court was without jurisdiction to accept his guilty plea, based on the State's failure to prove…