Grayson v. State, CR-92-0875
Decision Date | 01 December 1995 |
Docket Number | CR-92-0875 |
Citation | 675 So.2d 516 |
Parties | Darrell B. GRAYSON v. STATE. |
Court | Alabama Court of Criminal Appeals |
James H. Evans and Jeff Sessions, Attys. Gen., Rodger Brannum and Rosa Davis, Asst. Attys. Gen., for Appellee.
ON APPLICATION FOR REHEARING
This court's opinion in this case issued on January 13, 1995, is hereby withdrawn and the following opinion is substituted therefor.
The appellant, Darrell B. Grayson, was convicted of murder made capital because it was committed during a burglary; he was sentenced to death by electrocution. This conviction and sentence was affirmed on direct appeal. Grayson v. State, 479 So.2d 69 (Ala.Crim.App.1984), affirmed, 479 So.2d 76 (Ala.), cert. denied, 474 U.S. 865, 106 S.Ct. 189, 88 L.Ed.2d 157 (1985). In 1986, the appellant filed a post-conviction petition 1 and an evidentiary hearing was held on April 6 and 7, 1992. On January 19, 1993, the trial judge denied the appellant's petition. This appeal followed.
The appellant claims that his counsel was ineffective at trial and on appeal. In cases in which, as here, trial counsel also served as appellate counsel, claims of ineffective assistance of counsel are cognizable in a Rule 32, Ala.R.Crim.P., petition. Ex parte Besselaar, 600 So.2d 978 (Ala.1992). In addition, the procedural bars of Rule 32 apply in all cases, "including those in which the death penalty has been imposed." State v. Tarver, 629 So.2d 14, 19 (Ala.Crim.App.1993).
The appellant claims that the trial court erred in adopting the State's brief almost verbatim as the court's opinion and order. This claim is without merit. A review of both documents reveals that while the court did adopt much of the State's brief in its opinion and order, there are enough differences to convince us that the opinion and order represent the true findings of the court.
" "
Hallford v. State, 629 So.2d 6, 8 (Ala.Crim.App.1992), cert. denied, --- U.S. ----, 114 S.Ct. 1870, 128 L.Ed.2d 491 (1994) (quoting Hubbard v. State, 584 So.2d 895, 900 (Ala.Crim.App.1991), cert. denied, 502 U.S. 1041, 112 S.Ct. 896, 116 L.Ed.2d 798 (1992)).
We cannot say that the findings of the trial court were clearly erroneous.
The appellant claims he was denied the effective assistance of counsel at all phases of his trial and on appeal.
The United States Supreme Court, in Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984), established a two-pronged test to determine whether a defendant has received ineffective assistance of counsel.
466 U.S. at 694, 104 S.Ct. at 2068. (Emphasis added.)
"[A]ny deficiencies in counsel's performance must be prejudicial to the defense in order to constitute ineffective assistance under the Constitution."
466 U.S. at 692, 104 S.Ct. at 2067. In addition, the Court cautioned reviewing courts to avoid applying the benefits of hindsight to evaluate the decisions of counsel.
466 U.S. at 689, 104 S.Ct. at 2065. The Supreme Court also required the defendant to show prejudice and to show the prejudicial effect of counsel's errors.
466 U.S. at 693, 104 S.Ct. at 2067.
The appellant claims that his counsel was ineffective in failing to challenge the racial makeup of his jury pool. In order to establish a violation of the Sixth Amendment "fair cross-section" requirement, the appellant must show:
Dobyne v. State, 672 So.2d at 1329, (quoting Sistrunk v. State, 630 So.2d 147, 149 (Ala.Crim.App.1993)).
The appellant has not met the three-pronged test of Duren and, as a result, cannot show that counsel was deficient in failing to challenge the racial makeup of the jury panel.
The appellant claims that his counsel was ineffective in failing to conduct sufficient voir dire concerning jurors' extrajudicial knowledge of the case, possible bias, and prejudice. The appellant fails to show that counsel was deficient in this respect, much less "affirmatively prove" the prejudice component of the Strickland test. This claim is without merit.
The appellant claims that his counsel was ineffective in failing to challenge for cause certain jurors because of alleged extrajudicial knowledge of the case. Even assuming that the deficient performance component of the test could be met, the appellant makes no showing that the prejudice prong of Strickland would be met. The appellant states: "There is a reasonable probability that ... jurors [with alleged extrajudicial knowledge of his case] would have been removed from the panel if they had been challenged by counsel." (Appellant's brief at 32.) This allegation does not satisfy the prejudice component of Strickland.
The appellant claims that his counsel was ineffective in failing to adequately support a motion to suppress certain statements made by the appellant. The appellant argues that his counsel did not offer adequate evidence of the appellant's alcoholism in support of his motion to suppress these statements. The trial court held two separate suppression hearings on this issue and found "that Grayson's statements were voluntarily made after knowing and intelligent waivers of his constitutional rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966)." Grayson v. State, 479 So.2d at 75.
This...
To continue reading
Request your trial-
Ex parte Scott
...mandatory[,] as evidenced by the use of the word "may."' Jackson v. State, 581 So.2d 553, 559 (Ala.Crim.App.1991)." Grayson v. State, 675 So.2d 516, 523 (Ala.Cr. App.1995) (emphasis added). Furthermore, "[t]he decision to allow the jury to rehear testimony rests with the trial judge." Colli......
-
Brown v. State
...State v. Tarver, 629 So.2d [14] at 19 [ (Ala.Cr.App.1993) ]. See Horsley v. State, 675 So.2d 908 (Ala.Cr. App.1996); Grayson v. State, 675 So.2d 516 (Ala.Cr.App.1995), cert. denied, 519 U.S. 934, 117 S.Ct. 309, 136 L.Ed.2d 225 (1996); Brownlee [v. State], 666 So.2d [91] at 93 [ (Ala.Cr.App.......
-
Boyd v. State
...appellate counsel, claims of ineffective assistance of counsel are cognizable in a Rule 32, Ala.R.Crim. P., petition." Grayson v. State, 675 So.2d 516 (Ala.Cr. App.1995). "`To prevail on a claim of ineffective assistance of counsel, the defendant must show (1) that his counsel's performance......
-
Lawhorn v. State
...Ala.R.Crim.P., apply in death cases. Tarver, 629 So.2d at 19. See Horsley v. State, 675 So.2d 908 (Ala.Cr.App.1996); Grayson v. State, 675 So.2d 516 (Ala.Cr.App.1995), cert. denied, 519 U.S. 934, 117 S.Ct. 309, 136 L.Ed.2d 225 (1996); Brownlee v. State, 666 So.2d 91, 93 (Ala.Cr.App.1995); C......