The opinion
I dissent from the Court's holding that Pierce was prejudiced by the ineffective assistance of his counsel. In my special writing in Ex parte Pierce , [Sept. 1, 2000] 851 So.2d 606 (Ala. 2000), I disagreed "with the [Court's] conclusion that `Sheriff Whittle was a key witness who had improper close and continual contact with the jury.'" 851 So.2d at 617 . If the sheriff's contact with the jury was not prejudicial, then the failure of Pierce's counsel at trial, posttrial, or by direct appeal to object to that contact did not constitute ineffective assistance of counsel. *Page 630