noting that the Alabama Supreme Court has often remanded cases for a Batson hearing despite various procedural defaults
How later courts described this case
- noting that the Alabama Supreme Court has often remanded cases for a Batson hearing despite various procedural defaults
- Taylor and Montiel, JJ., dissenting
Written by the judges who cited it.
Later courts went against this
Overruled by Jenkins v. State, 972 So. 2d 111 (2004)
For the reasons stated above, we overrule our decision in Watkins, 632 So.2d 555.
Abrogated in part by Ex Parte Frazier v. State, 758 So. 2d 611 (1999)
The Alabama Supreme Court in Frazier abrogated in part the decision in Watkins by holding that a similar Batson claim did not constitute per se ineffective assistance of counsel.
The opinion
I respectively dissent from the majority's conclusion that the petitioner received ineffective assistance of counsel for counsel's failure to move to supplement the record pursuant to Alabama Rules of Appellate Procedure 10(f) before the Alabama Supreme Court. Rule 10(f) is applicable to situations where matters have been "omitted from the record by error or accident" Rule 10(f) is not intended to supplement the record because of changes in the law that have occurred since the time of trial. *Page 566
It is apparent from the record and review of this case that the petitioner received a fair trial and was provided with effective assistance of counsel pursuant to the Sixth Amendment to the United States Constitution.