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555 So. 2d 307

Smoot v. State

Court of Criminal Appeals of Alabama

Decided September 29, 1989

Court of Criminal Appeals of Alabama · decided 1989-09-29

Cited by 3 later decisions — most recently June 1994

3 state decisions

Key passage — most relied on by later courts

““IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, ALABAMA “STATE OF ALABAMA “vs. “CHARLES SMOOT CRIMINAL CASE NO. 86-1791-TH FINDINGS OF FACT “This matter comes before this Court on remand from the Alabama Court of Criminal Appeals. In accordance with instructions on remand, the Court hereby makes the following findings of fact regarding the following issues raised on Petitioner’s appeal: “I. Whether defendant was denied effective assistance of counsel, and further whether the trial court committed reversible error, when defendant was not advised of his right to appeal by either counsel or court. “This court, as a matter of course, orally advises each defendant who enters a plea of guilt of his right to appeal the case. However, the record of the plea colloquy is unclear on whether the petitioner was advised of this right. Therefore, out of an abundance of caution, this Court deems it appropriate and necessary for the petitioner to be allowed an out of time appeal. “II. Whether defendant was denied effective assistance of counsel because of the trial counsel’s failure to properly object to the introduction of the tape recorded conversations admitted into evidence. “The record of the evidentiary hearing clearly reflects that trial counsel did in fact file a motion to suppress the tape recorded conversations and the motion was denied by this Court. It is therefore this Court’s opinion that this contention is unfounded. “HI. Whether the appellant was denied effective assistance of co”

quoted by 1 later decision, including Smoot v. State

“specific findings of fact relating to each material issue of fact presented.”

quoted by 1 later decision, including 652 So. 2d 198 - Ex Parte Walker

Good law ✅— No negative treatment on recordhow we know

Decided 1989-09-29

View the full empirical analysis of this case →

TYSON, Judge.

¶1Charles Smoot appeals from the denial of his petition for post-conviction relief, pursuant to Rule 20, A.R.Crim.P. (Temp.), as amended April 1, 1987. This petition was denied, following the appointment of counsel and a full evidentiary hearing being held on the merits of the petitioner’s allegations. This hearing was in conformity with the rules of procedure as above noted.

¶2Briefs have now been filed on the allegations raised by appellate counsel.

¶3In reviewing this record, we find that the trial court failed to make specific findings on the merits of the allegations raised at the hearing in the court below. Rule 20.-9(d) reads as follows:

“(d) FINDINGS OF FACT.
“The court shall make specific findings of fact relating to each material issue of fact presented.”

¶4On appeal appellate counsel asserts three issues which were presented in the trial court and on which no findings were made. They are as follows:

“I. Whether defendant was denied effective assistance of counsel, and further whether the trial court committed reversible error, when defendant was not advised of his right to appeal by either counsel or the court.
“II. Whether defendant was denied effective assistance of counsel because of trial counsel’s failure to properly object to the introduction of the tape recorded conversations admitted into evidence.
“HI. Whether the appellant was denied effective assistance of counsel because of trial counsel’s failure to call an alibi witness to testify.”

¶5In accordance with Rule 20.9(d) as here-inabove noted, this cause is due to be and *308the same is, hereby, remanded with instructions to the trial court that a complete order be entered by the trial court, making specific findings of fact based upon the evidence presented in the trial court as to each of the three issues hereinabove set forth. A due return shall be seasonably filed in this court showing the findings of fact and the written order of the trial court as to these issues.

¶6For the reasons shown, this cause is hereby remanded with directions.

¶7REMANDED WITH DIRECTIONS.

All the Judges concur.
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