Legal Opinion · Dissent

Taylor v. State

Court of Criminal Appeals of Alabama

Decided August 29, 2003No. CR-02-0823Published

1DissentCobb, Judge

I respectfully dissent from the majority’s opinion, remanding with directions Kenneth Bertrand Taylor’s Rule 32, Ala. R.Crim. P., petition, for the trial court to make specific findings of fact regarding Taylor’s ineffective-assistance-of-counsel claims.1 Although this was Taylor’s first opportunity to challenge counsel’s performance, I do not believe that his claims satisfy either the pleading requirements of Rule 32.3, Ala. R.Crim. P.,2 or the specifici*1213ty requirements of Rule 32.6(b), Ala. R.Crim. P.3

Before being heard on the claim, a petition must plead facts, which if true, entitle the…

2Cases cited6 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Hill v. LockhartSupreme Court of the United States · 1985
  3. Ex Parte BoatwrightSupreme Court of Alabama · 1985
  4. Lancaster v. StateCourt of Criminal Appeals of Alabama · 1993
  5. Corley v. StateCourt of Criminal Appeals of Alabama · 1981

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