# Petition for Writ of Certiorari — Sims v. Alabama > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385002_0467%3A1 ## Record - **Collection:** Supreme Court brief - **Document type:** Petition for Writ of Certiorari - **Published:** January 1, 1989 - **Citation:** 489 U.S. 1065 ## Text 9 « yyy 856-8 47 \ No. In The Supreme Court of the United States October Term, 1988 > OSCAR SIMS, Petitioner, vs. STATE OF ALABAMA, Respondent. - PETITION FOR A WRIT OF CERTIORARI TO THE ALABAMA SUPREME COURT > Lynn E. QuINLey Attorney at Law Post Office Box 967 Daphne, Alabama 36526 (205) 626-3120 Attorney for Petitioner COCKLE LAW BRIEF PRINTING CO., (800) 225-6964 OR CALL COLLECT (402) 342-2831 QUESTIONS PRESENTED (a) Whether the Petitioner’s constitutional rights, as guaranteed under the Constitution of the State of Ala- bama and the United States Constitution, to a thorough and sifting cross-examination of the alleged victim was violated by the trial court’s unilateral denial of the Peti- tioner’s line of cross-examination as to the motive under- lying the alleged victim’s testimony? (b) Whether the Alabama Supreme Court failed to properly examine the Petitioner’s claim that he was denied effective assistance of counsel in the trial court under the parameters as set forth in Zuck v. State, 588 F.2d 436, 440 which states “that courts are compelled to exam- ine every potential infringement of that right with the most exacting scrutiny”. ii PARTIES The following list contains the names of all parties to the proceedings in the Courts below. 1. Chief Justice C. C. Torbert Associate Justice Gorman Houston Associate Justice Hugh Maddox Associate Justice Reneau P. Almon Associate Justice Sam A. Beatty Supreme Court of Alabama Post Office Box 218 Montgomery, Alabama 36101 2. Presiding Judge William M. Bowen, Jr. Judge John Tyson, III Judge Sam Taylor Judge John Patterson Judge H. Ward McMillan Alabama Court of Criminal Appeals Post Office Box 351 Montgomery, Alabama 36101 3. Judge William H. Baldwin Circuit Court Judge of Covington County, Alabama Covington County Courthouse Andalusia, Alabama 36420 4. The Honorable Eugina Loggins District Attorney for Covington County, Alabama Covington County Courthouse Andalusia, Alabama 36420 5. Mr. Larry R. Grissett Attorney at Law Post Office Box 423 Opp, Alabama 36467 6. The caption contains the names of all other par- ties to the proceedings in the courts below. iii TABLE OF CONTENTS Page QUESTIONS PRESENTED ............ 200000000005: i | errr rrr rr rrrrrr rrr rrrerrrr ii TABLE OF CONTENTS. .........---0000seeeseeeee: iii TABLE OF AUTHORITIES. ............---000000555 iv OPINIONS BELOW ...........-eeeeeeeeeeeeeeeees 1 JURISDICTION. ......0cccccccccccccccccccscccccces 1 CONSTITUTIONAL PROVISIONS INVOLVED...... 2 STATEMENT OF THE CASE BE PUES acc cccccccccccccecccccccccccesccnes 2 PROCEEDINGS BELOW .............++++++++5 3 REASONS FOR GRANTING THE WRIT .........-- 5 The decision below fails to properly address the Petitioner’s denial of his constitutional right to a thorough and sifting cross-examination of the alleged victim. ............-.eeceee cece eee eeeeeee 5 The decision below failed to properly address the Petitioner’s claim that he was denied effective assistance of counsel in the trial court.. 8 PU MEIIN on caccccccesescacccccccncccccccesese 14 iv TABLE OF AUTHORITIES Cases: Page Bonner v. State, 389 So.2d 174 (Ala.Crim.App. PN CRS andbcesscassegendatisdd snndabetdeciseeses 12 Collins v. State, 364 So.2d 368, 374 (Ala.Crim.App. SPAS kccbcs cnbdadde cecdscadccissbessareveres . OSCAR SIMS, Petitioner, vs. STATE OF ALABAMA, Respondent. > APPENDIX TO PETITION FOR A WRIT OF CERTIORARI TO THE ALABAMA SUPREME COURT -. — TABLE OF CONTENTS Page Appendix Description A Certificate of Judgment of the Supreme Court of Alabama denying Petitioner’s Petition for Writ of Certiorari............ la B Order of the Alabama Court of Criminal Appeals overruling Petitioner’s Applica- tion for Rehearing and the Request for Finding of Additional Facts............... 3a C Order of the Alabama Court of Criminal Appeals affirming Petitioner’s conviction without an opinion............... cece 7a Petitioner’s Notice of Appeal. ............ lla Petitioner’s Judgment of Sentence......... 14a eg Be |. 17a la APPENDIX A IN THE SUPREME COURT OF ALABAMA > 87-1001 e OSCAR SIMS, Petitioner-Appellant vs. STATE OF ALABAMA, Respondent-Appellee - CERTIFICATE OF JUDGMENT OF THE SUPREME COURT OF ALABAMA DENYING PETITIONER’S PETITION FOR WRIT OF CERTIORARI a (July 15, 1988) 2a THE STATE OF ALABAMA - JUDICIAL DEPARTMENT IN THE SUPREME COURT OF ALABAMA July 15, 1988 87-1001 EX PARTE: OSCAR SIMS PETITION FOR WRIT OF CERTIORARI (Re: Oscar Sims v. State) CCA 4/910 CERTIFICATE OF JUDGMENT WRIT DENIED The above cause having been duly submitted, IT IS CONSIDERED AND ORDERED that the petition for writ of certiorari be denied. HOUSTON, J. - TORBERT, C.J., MADDOX, ALMON & BEATTY, JJ., CONCUR. RECEIVED JUL 18, 1988 I, Robert G. Esdale, as Clerk of the Supreme Court of Alabama, do hereby certify that the foregoing is a full, true and correct copy of the instrument(s) herewith set out as same appeal(s) of record in said Court. Witness my hand this 15 day of July 1988. /s/ (illegible) Clerk, Supreme Court of Alabama 3a APPENDIX B STATE OF ALABAMA COURT OF CRIMINAL APPEALS 4th Div.910 OSCAR SIMS, Appellant, vs. STATE OF ALABAMA, Appellee. Order of the Alabama Court of Criminal Appeals overruling Appellant’s Application for Rehearing (May 10, 1988) 4a COURT OF CRIMINAL APPEALS STATE OF ALABAMA P.O. BOX 351 MONTGOMERY 36101 WILLIAM M. BOWEN, JR. MOLLIE JORDAN Presiding Judge Clerk JOHN C. TYSON, III Ph. 261-4590 SAM TAYLOR JOHN PATTERSON H. WARD McMILLAN Judges 4th Div. 910 COVINGTON Circuit Court CC 87-50 OSCAR SIMS vs. State of Alabama Appellant Appellee Dear Sir: You are hereby notified that on May 10, 1988 the following indicated action was taken in the above-styled cause by the Court of Criminal Appeals of Alabama: Notice of Appeal filed. Future correspondence should refer to the above number. Record on Appeal filed. Date of Certificate of Com- pletion of Record on Appeal: As to briefs, see Rules 28, 31 and 32, A.R.A.P. On motion, record on appeal accepted and consid- ered as timely filed in this Court. Appellant granted seven (7) additional days to file brief. Brief due on Appellee granted seven (7) additional days to file brief. Brief due on XXX 5a Appellant granted seven (7) additional days to file reply brief. Brief due on Brief of Appellant filed. ___Oral argument requested by appellant. Reply brief filed. Oral argument request disalllowed; appeal submit- ted on briefs. Appeal submitted to the Court for Decision in the following manner: Affirmed on appeal. No opinion. Judgment not final, see Rules 40 and 41, A.R.A.P. Appeal dismissed. No Opinion. Application for rehearing and Rule 39(k), A.R.A-P., motion filed. Application for rehearing filed. Application for rehearing overruled. No opinion. Judgment not final, see Rules 39 and 41, A.R.A.P. Application for rehearing overruled. Rule 39(k), A.R.A.P., motion denied. No opinion. Judgment not final, see Rules 39 and 41, A.R.A.P. Application for rehearing returned for non-compli- ance with Rule 40, A.R.A.P. 6a Appeal placed on rehearing ex mero motu. Certificate of final judgment issued to circuit clerk. /s/ Mollie Jordan CLERK COURT OF CRIMINAL APPEALS OF ALABAMA le a ee tial at 7a APPENDIX C STATE OF ALABAMA COURT OF CRIMINAL APPEALS 4th Div. 910 OSCAR SIMS, Appellant, vs. STATE OF ALABAMA, Appellee. Order of the Alabama Court of Criminal Appeals affirming Petitioner’s conviction without an opinion (April 12, 1988) 8a COURT OF CRIMINAL APPEALS STATE OF ALABAMA P.O. BOX 351 MONTGOMERY 36101 WILLIAM M. BOWEN, JR. MOLLIE JORDAN Presiding Judge Clerk JOHN C. TYSON, III Ph. 261-4590 SAM TAYLOR JOHN PATTERSON H. WARD McMILLAN Judges RECEIVED APR 15, 1988 4th Div. 910 COVINGTON Circuit Court CC 87-50 OSCAR SIMS vs. State of Alabama Appellant Appellee Dear Sir: You are hereby notified that on April 12, 1988 the following indicated action was taken in the above-styled cause by the Court of Criminal Appeals of Alabama: ___ Notice of Appeal filed. Future correspondence should refer to the above number. ___ Record on Appeal filed. Date of Certificate of Com- pletion of Record on Appeal: As to briefs, see Rules 28, 31 and 32, A.R.A.P. ___ On motion, record on appeal accepted and considered as timely filed in this Court. __._ Appellant granted seven (7) additional days to file brief. Brief due on ___ Appellee granted seven (7) additional days to file brief. Brief due on ie a a alin 9a __ Appellant granted seven (7) additional days to file reply brief. Brief due on ____ Brief of Appellant filed. __. Oral argument requested by appellant. __ Reply brief filed. ___ Oral argument request disallowed; appeal submitted on briefs. __. Appeal submitted to the Court for decision in the following manner: xxx Affirmed on appeal. No opinion. Judgment not final, see Rules 40 and 41, A.R.A.P. ___ Appeal dismissed. No Opinion. __ Application for rehearing and Rule 39(k), A.R.A.P., motion filed. ___ Application for rehearing filed. __. Application for rehearing overruled. No opinion. Judgment not final, see Rules 39 and 41, A.R.A.P. ___ Application for rehearing overruled. Rule 39(k), A.R.A.P., motion denied. No opinion. Judgment not final, see Rules 39 and 41, A.R.A.P. ___ Application for rehearing returned for non-compli- ance with Rule 40, A.R.A.P. 10a __. Appeal placed on rehearing ex mero motu. ___ Certificate of final judgment issued to circuit clerk. /s/ Mollie Jordan CLERK COURT OF CRIMINAL APPEALS OF ALABAMA lla APPENDIX D ALABAMA COURT OF CRIMINAL APPEALS Circuit Court of Covington County, Alabama Case No. CC-87-50 OSCAR SIMS, Appellant, vs. STATE OF ALABAMA, Appellee. APPEAL (June 8, 1987) 12a AP 12-3 Letter of transmittal of Notice of Appeal to the Court of Criminal Appeals by Trial Clerk Printed and for Sale by Robert & Son, Birmingham LETTER OF TRANSMITTAL OF NOTICE OF APPEAL TO THE COURT OF CRIMINAL APPEALS BY TRIAL CLERK Oscar Sims Offense Rape II Appellant Sentence Ten (10) Years v. Notice of Appeal June 8, 1987 STATE OF ALABAMA Date Filed Appellee Judgment Entry June 8, 1987 Date Entered [XX] Oral notice of appeal has been given prior to or on the date of entry of the judgment of conviction in this cause, { ] Written notice of appeal has been filed on the date indicated hereon (within 42 days from the entry of judgment or the order overruling a post conviction motion). A certified copy of the entry of record of the oral notice of appeal or the written notice of appeal is for- warded herewith for filing with the Court of Criminal Appeals. I certify that I have served a copy of this letter of transmittal along with a copy of the notice of appeal on each of the following: 1. Court Reporter (Name and address) Ron Embry, Covington County Courthouse, Andalusia, AL 36420 2. Defendant 13a 3. Defendant’s appellate counsel. (Name and address) Larry R. Grissett, P.O. Box 423, Opp, AL 36467 4. District Attorney 5. Attorney General DATED this 8th day of June, 1987. /s/ Ray Bozeman Circuit Clerk l4a APPENDIX E IN THE CIRCUIT COURT OF COVINGTON COUNTY, ALABAMA Case No. CC-87-50 STATE OF ALABAMA, Plaintiff, VS. OSCAR SIMS, Defendant. Petitioner’s Judgment of Sentence (June 8, 1987) 15a IN THE CIRCUIT COURT OF COVINGTON COUNTY, ALABAMA STATE OF ALABAMA, : PLAINTFF, ° VS. CASE NO. CC-87-50 OSCAR SIMS, 3 DEFENDANT. - This being the day regularly set for the sentencing of Defendant, the Defendant having been tried by a jury, found guilty, and duly adjudged guilty on the 29th day of April, 1987 of Rape in the Second Degree; and the Defen- dant being personally present and represented by his attorney and the State being represented by the District Attorney, and the report of the pre-sentence investigation ordered by the Court having been presented to the Court and the Defendant, the Court proceeds with the sentence hearing. Neither party desiring to offer evidence in addition to the report of the pre-sentence investigation, the Court asks the defendant if he had anything to say as to why the judgment of the Court and the sentence of law should not be imposed upon him and the Defendant said noth- ing; and the Court having duly considered the report of the pre-sentence investigation is of the opinion that the Defendant should be imprisoned for a period of ten (10) years in the Penitentiary of the State of Alabama. It is therefore ORDERED, ADJUDGED and DECREED by the Court that the said Defendant, Oscar Sims, be imprisoned in the Penitentiary of the State of Alabama for a period of ten (10) years and the Defendant was duly sentenced to said period by the Court. The Defendant is ORDERED to pay all Court costs, including l6a $25.00 to the Victim’s Compensation Fund. Defendant is to receive credit for any time incarcerated on this charge. The Court further advised the Defendant of his rights of appeal and the Defendant gave notice of appeal and asked for suspension of sentence. Sentence is hereby suspended and appeal bond is set at the sum of $10,000.00. The Court determined the Defendant to be an indi- gent, the Honorable Larry Grissett is hereby appointed to represent him on appeal and a free transcript is hereby ORDERED to be prepared for the Defendant under the appropriate provisions of law. Done in Office this the 8th day of June, 1987. /s/ W. H. Baldwin CIRCUIT JUDGE 17a APPENDIX F IN THE CIRCUIT COURT OF COVINGTON COUNTY, ALABAMA Case No. CC-87-50 STATE OF ALABAMA, Plaintiff, vs. OSCAR SIMS, Defendant. Petitioner’s Conviction (April 29, 1987) 18a IN THE CIRCUIT COURT OF COVINGTON COUNTY, ALABAMA STATE OF ALABAMA, . PLAINTFF, “ VS. CASE NO. CC-87-50 OSCAR SIMS, . DEFENDANT. : (Filed April 29, 1987) This cause coming on for trial on this the 29th day of April, 1987 and comes the State of Alabama by and through its District Attorney of the 22nd Judicial Circuit, Honorable Eugenia Loggins, and comes the Defendant in his own proper person accompanied by his attorney of record, Honorable Larry Grissett, and came a jury of good and lawful people, to-wit: John R. Cook and eleven others and said cause proceeded to trial. After hearing the evidence the jury returned the fol- lowing verdict: “We, the Jury, find the Defendant guilty as charged. John R. Cook, Foreman.” Thereafter the Court asked the Defendant if he had anything to say as to why the judgment of the Court should not be imposed upon him and following the Defendant making a statement, the Court pronounced the Defendant, Oscar Sims, guilty of Rape in the Second Degree. The Defendant moved for a sentence hearing and the Court continued said cause to the 9th day of June, 1987 for sentence hearing. The Defendant is continued on his present bond until the holding of said sentence hearing. It is further ORDERED and ADJUDGED by the Court that a pre-sentence investigation be made and the results 19a be available to the Court, the State and the Defendant at said sentence hearing. It is further ORDERED by the Court that the State furnish to the Defendant and his cousel not later than June 4, 1987 written notice of any prior felonies which the State expects to offer under the Habitual Offender Act. Done in Office this the 29th day of April, 1987. /s/ W. H. Baldwin CIRCUIT JUDGE --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385002_0467%3A1. Public record. Not legal advice.