Mobile Circuit Court. 88-1103.60. Braxton L. Kittrell, Trial Judge.
Rule 39(k) Motion Denied November 10, 1994. Rehearing Denied November 10, 1994. Certiorari Denied January 20, 1995. Released for Publication April 24, 1995.
Bowen, Presiding Judge, Taylor, Patterson, and McMillan, JJ., concur; Montiel, J., recuses himself.
The opinion of the court was delivered by: Bowen
On original submission, this Court found that the petition for post-conviction relief had been timely filed and remanded this cause with instructions that the merits of the appellant's allegations of ineffective assistance of counsel be addressed.
The record on return to remand consists of five volumes. After an evidentiary hearing, the circuit court, with commendable thoroughness, reviewed the merits of the appellant's allegations and concluded that neither trial nor appellate counsel was ineffective. We agree with the circuit court's findings of fact and Conclusions of law presented in its written opinion of July 6, 1994. Remand C.R. 312-20. That order is attached as an appendix to this opinion.
The judgment of the circuit court denying the petition for post-conviction relief is affirmed.
Taylor, Patterson, and McMillan, JJ., concur;
Montiel, J., recuses himself.
IN THE CIRCUIT COURT OF MOBILE COUNTY, ALABAMA