Nickens v. State

I agree with the majority that if this case is not materially distinguishable from Strickland v. State,771 So.2d 1123 (Ala.Crim.App. 1999), then, based on that case, the circuit court's judgment is due to be reversed and the appellant granted the relief he seeks. However, I cannot agree, at this point, that this case is necessarily indistinguishable from Strickland.

In Strickland, this Court had before it testimony taken at the Rule 32 hearing and took judicial notice of the following facts from the record on direct appeal:

"Strickland was in the custody of the Department of Corrections and was…