Legal Opinion · Dissent

Roberts v. State

Court of Criminal Appeals of Alabama

Decided October 4, 2013No. CR-11-1855Published

1DissentWindom, Presiding Judge

The issue upon which the majority reverses the circuit court’s denial of Barbara Ann Roberts’s Rule 32, Ala. R.Crim. P., petition — that counsel who represented Roberts on direct appeal and during the Rule 32 proceedings suffered from a conflict of interest — is not jurisdictional and has not been raised on appeal. Cf. Slaton v. State, 902 So.2d 102, 108 (Ala.Crim.App.2003) (allegations of a conflict of interest are nonjurisdictional and waivable); Morales v. Bridgforth, 136 N.M. 511, 514, 100 P.3d 668, 671 (2004). Accordingly, this *1144issue is not properly before this Court for review. Cf.…

2Cases cited3 opinions

  1. Wallace v. StateCourt of Criminal Appeals of Oklahoma · 1997
  2. State v. StankoSupreme Court of South Carolina · 2013
  3. Morales v. BridgforthNew Mexico Supreme Court · 2004

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