“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.