598 So. 2d 1055 | Ala. Crim. App. | 1992
This is an appeal from the denial of a Rule 32, A.R.C.P., petition filed by Fred Wilson in the Circuit Court of Jefferson County. Wilson, who was convicted of murder and was sentenced to life imprisonment, alleged in his petition that he was denied effective assistance of counsel. The trial court denied the petition without an evidentiary hearing.
Wilson asserts that his counsel at trial was ineffective because he did not subpoena documents from the district attorney's office, and he did not subpoena witnesses for the defense. Moreover, Wilson states that his counsel was unprepared for trial and that he had a conflict of interest. There were other allegations of ineffectiveness of counsel in Wilson's petition that will not be necessary to enumerate in this opinion. The trial court on remand may consider them.
The State has requested in brief that this case be remanded to the Circuit Court of Jefferson County for it to hold an evidentiary hearing pursuant to Ex parte Boatwright,
The foregoing opinion was prepared by the Honorable JAMES H. FAULKNER, a former Alabama Supreme Court Justice, and his opinion is hereby adopted as that of the court.
REMANDED WITH INSTRUCTIONS.
All the Judges concur.