Bell v. State

I concur with the majority's conclusion in Division 1 that Bell is not entitled to a new trial based on his fatal variance argument. But I respectfully dissent to Division 2 of the majority opinion, because the trial court erred in prohibiting Bell's post-conviction counsel from questioning his trial counsel on the issue of trial counsel's effectiveness and the case should be remanded to allow Bell to continue pursuing that issue.

At the hearing on Bell's motion for new trial, his post-conviction counsel sought to question Bell's trial counsel on his trial strategy. The state objected on the…