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Ex parte Simmons

Supreme Court of Alabama

June 26, 2015

Ex parte Robert Anthony Simmons
v.
State of Alabama In re: Robert Anthony Simmons

         Editorial Note:

         This Opinion is subject to formal revision before publication in the advanced sheet of the Southern Reporter.

          (Houston Circuit Court, CC-93-1046.60 and CC-93-1047.60; Court of Criminal Appeals, CR-13-1727).

         WISE, Justice. Stuart, Bolin, Parker, Shaw, Main, and Bryan, JJ., concur. Moore, C.J., and Murdock, J., dissent.

          OPINION

         PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS

         WISE, Justice.

         WRIT DENIED. NO OPINION.

         Stuart, Bolin, Parker, Shaw, Main, and Bryan, JJ., concur.

         Moore, C.J., and Murdock, J., dissent.

          DISSENT

         MOORE, Chief Justice (dissenting).

         Based on the facts properly before us, I believe that Robert Anthony Simmons is entitled to an evidentiary hearing on his ineffective-assistance-of-counsel claims.

         I.

         Simmons was convicted of first-degree sodomy and first-degree sexual abuse. The victim was his then six-year-old stepdaughter, D.Q. Although the events at issue occurred in 1986 when Simmons was 30, the trial did not occur until almost 25 years later. At trial, the victim, then more than 30 years old, testified to the abuse. Simmons filed a timely Rule 32, Ala. R. Crim. P., petition for postconviction relief, arguing ineffective assistance of counsel on ...


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