Roberts v. State
Court of Criminal Appeals of Alabama
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
- Wallace v. StateCourt of Criminal Appeals of Oklahoma · 1997
- State v. StankoSupreme Court of South Carolina · 2013
- Morales v. BridgforthNew Mexico Supreme Court · 2004