State v. Gause

¶1

¶2While recognizing that this is an extremely close case and that the Gause's misrepresentations to his trial counsel certainly to some extent hampered trial counsel's ability to defend his client, I nonetheless would uphold the circuit court's decision to grant Gause's Rule 32, Ala. R.Crim. P. petition. It is exactly this type of close case, in which the circuit court has been privy firsthand to the presentation of evidence and the testimony of witnesses, that the circuit court should be allowed great deference, particularly in light of the fact that circuit courts do not make this determination lightly and grant petitions only in an exceedingly low percentage of cases. Therefore, I respectfully dissent. I would affirm the circuit court's judgment granting the petition.