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09/30/94 JONATHAN NELSON v. STATE

September 30, 1994

JONATHAN NELSON
v.
STATE



Appeal from Jefferson Circuit Court. (CC-91-1318.6). Alfred Bahakel, TRIAL JUDGE.

Released for Publication February 10, 1995. As Corrected April 14, 1995.

McMILLAN

The opinion of the court was delivered by: Mcmillan

On Return to Remand

McMILLAN, JUDGE

This cause was remanded with instructions to the trial court to enter an order making specific findings of fact concerning the issue of ineffective assistance of trial counsel raised in the Jonathan Nelson's Rule 32, A.R.Cr.P., petition. The trial court has returned to us the following findings of fact and order denying the petition:

"This cause coming on to be heard upon remand by the Alabama Court of Criminal Appeals to determine the merits of defendant's claim of ineffective assistance of counsel filed under his petition under Rule 32, A.R.Cr.P.

"Defendant in court with his attorney, Hon. John Waddell, and sets forth on the record six complaints of ineffective assistance by his trial counsel (Hon. Joe Morgan).

"First: Defendant claims his trial attorney failed to file a motion to suppress evidence of the drugs seized at the subject residence.

"Second: Defendant claims his trial attorney failed to file a motion for discovery.

"Third: Defendant claims his trial attorney was uninformed as to the application of current drug laws.

"Fourth: Defendant claims his trial attorney misled him as to his constitutional right to testify.

"Fifth: Defendant claims his trial counsel failed to perform any investigation of his case.

"Sixth: Defendant claims his trial attorney failed to test the alleged ...


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