# Ex Parte Pierce

> Supreme Court of Alabama · September 20, 2002 · 851 So. 2d 618

URL: https://www.frixlaw.com/law-library/cases/9934553

## Case

- **Full name:** Ex Parte Andy Dwight Pierce. (In Re: Andy Dwight Pierce v. State of Alabama).
- **Court:** Supreme Court of Alabama
- **Decided:** September 20, 2002
- **Citations:** 851 So. 2d 618; 2002 WL 31104282
- **Precedential status:** Published
- **Opinion:** Dissent by See
- **Judges:** Houston, Moore, See, Stuart
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9934553

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9934553. Public record. Not legal advice.