Legal Opinion · Dissent

Walker v. State

Court of Criminal Appeals of Alabama

Decided December 11, 2009No. CR-07-1993Published

1DissentWelch, Judge

The majority, in it unpublished memorandum, affirms the trial court’s judgment denying Walker’s motion for a new trial. In that motion Walker had alleged that trial counsel had rendered ineffective assistance because he had failed to move to suppress evidence seized from Walker’s residence on the ground that the affidavit presented in support of the application for a search warrant was not signed by the presenting officer. After conducting a hearing on the motion for a new trial, the trial court determined that the affidavit had not been signed, that the lack of a signature “meant that the…

2Cases cited14 opinions

  1. Mapp v. OhioSupreme Court of the United States · 1961
  2. United States v. LeonSupreme Court of the United States · 1984
  3. Franks v. DelawareSupreme Court of the United States · 1978
  4. Lo-Ji Sales, Inc. v. New YorkSupreme Court of the United States · 1979
  5. United States v. David Scott ZimmermanCourt of Appeals for the Third Circuit · 2002

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