# Strickland v. State

> Court of Criminal Appeals of Alabama · October 29, 1999 · 771 So. 2d 1123

URL: https://www.frixlaw.com/law-library/cases/9938658

## Case

- **Full name:** Don Lee Strickland v. State.
- **Court:** Court of Criminal Appeals of Alabama
- **Decided:** October 29, 1999
- **Citations:** 771 So. 2d 1123; 1999 Ala. Crim. App. LEXIS 248; 1999 WL 985147
- **Precedential status:** Published
- **Opinion:** Dissent by Long
- **Judges:** Cobb, Long
- **Cited by:** 12 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/9938658

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9938658. Public record. Not legal advice.