Opinion

Strickland v. State

  • 771 So. 2d 1123
  • 1999 Ala. Crim. App. LEXIS 248
  • 1999 WL 985147
Court
Court of Criminal Appeals of Alabama
Filed
Oct 29, 1999
Status
Published
Author
Long
On the bench
Cobb, Long
Cited by
12 cases
Authority
More cited than 15.2%

“Claims that can be waived are not jurisdictional.”

How later courts described this case

  • “Claims that can be waived are not jurisdictional.”

Written by the judges who cited it.

The opinion

Defense counsel's failure to request a jury instruction to which the defendant may be entitled is not always grounds for the reversal of a conviction based on the ineffective assistance of counsel. E.g., Russo v. State , 630 So.2d 142 , 144 (Ala.Cr.App. 1993). I believe Strickland has not established a reasonable probability that, but for counsel's failure to request the jury be given the statutory definition of "deprived," the outcome of his trial would have been different. Therefore, I respectfully dissent from the majority's decision to grant Strickland relief on his ineffective-assistance-of-counsel claim.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.