# Watkins v. State

> Court of Criminal Appeals of Alabama · September 30, 1992 · 632 So. 2d 555

URL: https://www.frixlaw.com/law-library/cases/9934170

## Case

- **Full name:** Darryl Travis Watkins v. State.
- **Court:** Court of Criminal Appeals of Alabama
- **Decided:** September 30, 1992
- **Citations:** 632 So. 2d 555; 1992 WL 240968
- **Precedential status:** Published
- **Opinion:** Dissent by Montiel
- **Judges:** Montiel, Patterson, Taylor
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled by Jenkins v. State, 972 So. 2d 111 (2004).
- Negative treatments: 2
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9934170

## How later opinions describe it (automated extraction)

- noting that the Alabama Supreme Court has often remanded cases for a Batson hearing despite various procedural defaults

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9934170. Public record. Not legal advice.
