Public-domain · open source
OpenJurist

444 So. 2d 895

Lee v. State

Court of Criminal Appeals of Alabama

Decided January 10, 1984

Court of Criminal Appeals of Alabama · decided 1984-01-10

Cited by 1 later decisions — most recently March 1984

1 state decisions

Relies on 369 So. 2d 25 - Brazell v. State · Ex Parte Brazell · 390 So. 2d 1121 - Cartee v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1984-01-10

View the full empirical analysis of this case →

BOWEN, Presiding Judge.

¶1Donald Dewayne Lee, the appellant, was indicted and convicted for the attempted murder of Mobile Police Officer Steve Arthur. Sentence was life imprisonment.

¶2Although eight issues are raised on appeal, the questions they present have been fully answered by the Attorney General in brief and further consideration is not warranted. Even if the pretrial identification was found to be suggestive, the in-court identification was based on an independent source and was consequently reliable and admissible. Cartee v. State, 390 So.2d 1121 (Ala.Cr.App.), cert. denied, 390 So.2d 1126 (Ala.1980); Brazell v. State, 369 So.2d 25 (Ala.Cr.App.1978), cert. denied, 369 So.2d 31 (Ala.1979).

¶3Lee has filed a pro se brief in which he alleges he was denied a speedy trial and was denied the effective assistance of counsel. Lee was tried three months after his indictment in October of 1982. There is simply no evidence to support this charge. Likewise, there is nothing in the record to indicate incompetence of counsel. To the contrary, the record reflects that counsel was very competent and conscientious in his representation of Lee.

¶4The judgment of the circuit court is due to be affirmed.

¶5AFFIRMED.

All Judges concur.
/444/so2d/895 · .json · Public domain