James v. State
Decision Date | 25 August 2006 |
Docket Number | CR–04–0395. |
Citation | 61 So.3d 332 |
Parties | Joe Nathan JAMES, Jr.v.STATE of Alabama. |
Court | Alabama Court of Criminal Appeals |
OPINION TEXT STARTS HERE
Wesley A. Van Winkle, Berkeley, California; and John MacAlpine Wood, Hoover, for appellant.Troy King, atty. gen., and J. Clayton Crenshaw and Michael A. Nunnelley, asst. attys. gen., for appellee.BASCHAB, Judge.
On June 16, 1999, the appellant, Joe Nathan James, Jr., was convicted of the capital offense of burglary-murder for the killing of Faith Hall.1 See § 13A–5–40(a)(4), Ala.Code 1975. By a vote of 12–0, the jury recommended that he be sentenced to death. On July 9, 1999, the trial court accepted the jury's recommendation and sentenced the appellant to death. We affirmed his conviction and sentence, see James v. State, 788 So.2d 185 (Ala.Crim.App.2000); the Alabama Supreme Court denied his petition for certiorari review; and the United States Supreme Court denied his petition for certiorari review, see James v. Alabama, 532 U.S. 1040, 121 S.Ct. 2005, 149 L.Ed.2d 1007 (2001). This court issued a certificate of judgment on December 15, 2000.
On May 7, 2002, the appellant filed a Rule 32 petition, challenging his conviction and sentence, and he subsequently amended his petition. After the State responded, the circuit court conducted an evidentiary hearing and denied the petition. This appeal followed.
The appellant raises several arguments, including claims that his attorneys rendered ineffective assistance at trial and on direct appeal. In reviewing the circuit court's rulings on the appellant's arguments, we apply the following principles:
“ Cade v. State, 629 So.2d 38, 41 (Ala.Crim.App.1993), cert. denied, , 114 S.Ct. 1579, 128 L.Ed.2d 221 (1994).
Brownlee v. State, 666 So.2d 91, 93 (Ala.Crim.App.1995).
“To prevail on a claim of ineffective assistance of counsel, the defendant must show (1) that his counsel's performance was deficient and (2) that he was prejudiced as a result of the deficient performance. Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).
“
“ Duren v. State, 590 So.2d 360, 362 (Ala.Cr.App.1990), aff'd, 590 So.2d 369 (Ala.1991), cert. denied, , 112 S.Ct. 1594, 118 L.Ed.2d 310 (1992).
“When this court is reviewing a claim of ineffective assistance of counsel, we indulge a strong presumption that counsel's conduct was appropriate and reasonable. Luke v. State, 484 So.2d 531, 534 (Ala.Cr.App.1985). The burden is on the appellant to show that his counsel's conduct was deficient. Luke.
“
“ Strickland, 466 U.S. at 689, 104 S.Ct. at 2065–66. (Citations omitted.) Ex parte Lawley, 512 So.2d 1370, 1372 (Ala.Cr.App.1987).
Hallford v. State, 629 So.2d 6, 8–9 (Ala.Crim.App.1992).
Thomas v. State, 511 So.2d 248, 255 (Ala.Crim.App.1987) (footnote omitted).
Sumlin v. State, 710 So.2d 941, 943 (Ala.Crim.App.1998).
The following facts, as set forth in the trial court's sentencing order, are helpful to an understanding of this case:
(A.S.C.R. 7.) 2
I.
Throughout his brief, the appellant argues that his trial counsel rendered ineffective assistance during the guilt and penalty phases of his trial. After the jury recommended that he be sentenced to death, he filed a pro se motion for a new trial in which he raised ineffective-assistance-of-trial-counsel allegations. After the trial court sentenced the appellant to death, newly appointed appellate counsel filed a motion for a new trial and raised an ineffective-assistance-of-trial-counsel claim. Finally, he raised and this court addressed and rejected several...
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