Hinton v. State (Ex parte Hinton)
Decision Date | 09 November 2012 |
Docket Number | 1110129. |
Citation | 172 So.3d 348 |
Parties | Ex parte Anthony Ray HINTON. (In re Anthony Ray Hinton v. State of Alabama). |
Court | Alabama Supreme Court |
Bryan A. Stevenson, Charlotte R. Morrison, and Aaryn M. Urell of Equal Justice Initiative, Montgomery, for petitioner.
Luther Strange, atty. gen., and John C. Neiman, Jr., and Jess R. Nix, deputy attys. gen., for respondent.
Anthony Ray Hinton petitioned the Jefferson Circuit Court (“the circuit court”) for relief under Rule 32, Ala. R.Crim. P., arguing that his trial counsel had provided ineffective assistance of counsel by failing to provide a qualified expert in his defense at his capital-murder trial. The circuit court denied Hinton's Rule 32 petition on the basis that Andrew Payne, the expert retained by defense counsel, was qualified to testify as a firearms-identification expert at Hinton's trial. Hinton appealed to the Court of Criminal Appeals; the Court of Criminal Appeals, after remanding twice for the circuit court to address the issue, affirmed the circuit court's denial of Hinton's petition.
Hinton v. Alabama, 172 So.3d 338, 340 (Ala.Crim.App.2006) ( ). Hinton then petitioned this Court for a writ of certiorari to review the Court of Criminal Appeals' decision. We granted certiorari review to determine whether the Court of Criminal Appeals applied the correct standard of review in affirming the circuit court's denial of Hinton's Rule 32 petition.
In its opinion on return to second remand, the Court of Criminal Appeals summarized the relevant procedural history and facts in this case:
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George v. State
... ... Crim. App. 1997). The Alabama Supreme Court subsequently affirmed this Court's decision. Ex parte George , 717 So.2d 858 (Ala. 1998). The United States Supreme Court denied certiorari review ... Ex parte Hinton , 172 So.3d 348, 352 (Ala. 2012). "However, where there are disputed facts in a postconviction ... ...
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Clark v. State
... ... Ex parte White, 792 So.2d 1097, 1098 (Ala.2001). Also, where a trial court does not receive evidence ore ... Ex parte Hinton, 172 So.3d 348, 352 (Ala.2012). However, where there are disputed facts in a postconviction ... ...
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Ex parte State ex rel. Ala. Policy Inst.
... ... In Ex parte Hinton, 172 So.3d 348 (Ala.2012), Justice Shaw addressed the question whether he could sit on a case "given that it was previously before me when I was a ... ...
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Harris v. State
...Moreover, when a trial court makes its judgment "based on the cold trial record," we apply a de novo standard of review. Ex parte Hinton, 172 So.3d 348, 352 (Ala. 2012). Rule 32.7(d), Ala. R. Crim. P., authorizes the circuit court to summarily dismiss a petitioner's Rule 32 petitionPage 15 ......