Gray v. State , 1990 Ala. Crim. App. LEXIS 319 ( 1990 )


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  • ON REMAND FROM THE ALABAMA SUPREME COURT

    PATTERSON, Judge.

    This cause was remanded by our supreme court, 559 So.2d 576, for consideration in light of Harris v. Reed, 489 U.S. 255, 109 S.Ct. 1038, 103 L.Ed.2d 308 (1989).

    The judgment of the circuit court is affirmed because appellant’s claims concerning an alleged illegal search and seizure, an alleged tainted statement, an alleged failure to be advised of his Miranda rights, and an alleged illegal sentence are procedurally barred. All of appellant’s claims should have been raised on direct appeal and were not. Appellant’s claim concerning ineffective assistance of counsel also should have been raised on direct appeal, since he was represented on direct appeal by different counsel; thus, it is also procedurally barred.

    AFFIRMED.

    All Judges concur.

Document Info

Docket Number: 6 Div. 2

Citation Numbers: 581 So. 2d 1136, 1990 Ala. Crim. App. LEXIS 319, 1990 WL 93260

Judges: Patterson

Filed Date: 4/27/1990

Precedential Status: Precedential

Modified Date: 10/18/2024