Whitson v. State
109 So. 3d 665
Ala. Crim. App.2012Background
- Whitson appeals the circuit court’s denial of his Rule 32 petition challenging his 2009 convictions for three counts of capital murder and resulting life-without-parole sentence.
- The Court previously affirmed Whitson’s convictions and sentence on direct appeal in 2010, with the Alabama Supreme Court denying certiorari.
- The convictions arose from the May 2005 shooting deaths of Bennett and Elston in Bootsie’s nightclub parking lot, with multiple eyewitnesses identifying Whitson as the shooter.
- Whitson alleged ineffective assistance of appellate counsel for not raising on appeal three claims of ineffective assistance of trial counsel (regarding lesser-included offenses, alibi witnesses, and juror misconduct).
- The circuit court held an evidentiary hearing in February 2012 and denied Whitson’s petition, applying standard rules of review and burden of proof to postconviction claims.
- Whitson now appeals, arguing trial and appellate counsel were ineffective; the court ultimately affirmed the denial of relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did appellate counsel err in not raising trial-counsel ineffectiveness for failing to request lesser-included-offense instructions? | Whitson | State | No; no rational basis for lesser-included offenses; trial strategy supported decision; appellate counsel not ineffective. |
| Did appellate counsel err in not raising trial-counsel ineffectiveness for not calling alibi witnesses Lamison and McKenzie? | Whitson | State | No; missing-witness theory lacks proof; trial strategy; appellate counsel not ineffective. |
| Did appellate counsel err in not raising trial-counsel ineffectiveness for not moving for mistrial based on juror misconduct? | Whitson | State | No; Whitson offered only speculative evidence; mistrial not warranted; appellate counsel not ineffective. |
Key Cases Cited
- Ex parte White, 792 So.2d 1097 (Ala.2001) (de novo review when facts are undisputed in Rule 32 proceedings)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong standard for ineffective assistance: deficient performance and prejudice)
- Jones v. Barnes, 463 U.S. 745 (U.S. 1983) (apparent obligation of appellate counsel to winnow issues; focus on core issues)
- Evitts v. Lucey, 469 U.S. 387 (U.S. 1985) (right to effective counsel on first appeal)
- Parker v. State, 510 So.2d 281 (Ala.Crim.App.1987) (trial strategy governs decision to request lesser-included offenses)
- Williams v. State, 480 So.2d 1265 (Ala.Crim.App.1985) (uncalled witnesses; burden on petitioner; speculative testimony insufficient)
- Johnson v. State, 612 So.2d 1288 (Ala.Crim.App.1992) (principals and accessories doctrine and how it affects liability)