Kolmetz v. State, CR-92-1896
Decision Date | 27 May 1994 |
Docket Number | CR-92-1896 |
Citation | 649 So.2d 1342 |
Parties | Alan Dale KOLMETZ v. STATE. |
Court | Alabama Court of Criminal Appeals |
Alan Dale Kolmetz, pro se.
James H. Evans, Atty. Gen., and Robin Blevins, Asst. Atty. Gen., for appellee.
The appellant, Alan Dale Kolmetz, appeals the denial of his Rule 32, A.R.Cr.P., petition.
In his petition, the appellant alleged that his trial counsel was ineffective because his counsel: 1) failed to consult with him during pretrial proceedings; 2) failed to investigate possible defenses; 3) failed to object to the indictment on the ground that it was not timely read to the jury; 4) failed to object to the method used to strike the jury; 5) failed to object to the sentence imposed by the court; 6) elicited testimony that opened the door for the State to offer into evidence his refusal to allow a blood sample to be taken; and 7) failed to ensure that all exhibits were sent in with the jury during deliberations.
Additionally, at the evidentiary hearing on the petition the appellant argued: 1) that trial counsel failed to raise on appeal the issue whether the State failed to present a prima facie case; 2) that the State used false testimony in presenting its case; and 3) that the trial court erred in failing to charge the jury on vehicular homicide.
Subsequent to the evidentiary hearing, the trial court issued the following order:
Because, however, the trial court failed to make "specific findings of fact relating to each material issue of fact presented" on the appellant's claims of ineffective assistance of counsel, this cause is...
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Lewis v. State
...added.) See also, Ex parte Walker, 652 So.2d 198 (Ala. 1994) ; Smith v. State, 665 So.2d 954 (Ala. Cr. App. 1994) ; Kolmetz v. State, 649 So.2d 1342 (Ala. Cr. App. 1994). As we have stated, ‘[a] statement of the basis of the trial court's decision is essential to afford the appellant due pr......
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Ward v. State
...added.) See also, Ex parte Walker, 652 So. 2d 198 (Ala. 1994); Smith v. State, 665 So. 2d 954 (Ala. Cr. App. 1994); Kolmetz v. State, 649 So.2d 1342 (Ala. Cr. App. 1994). As we have stated, '[a] statement of the basis of the trial court's decision is essential to afford the appellant due pr......
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Lewis v. State, CR-14-1523
...See also, Ex parte Walker, 652 So. 2d 198 (Ala. 1994); Smith v. State, 665 So. 2d 954Page 6 (Ala. Cr. App. 1994); Kolmetz v. State, 649 So. 2d 1342 (Ala. Cr. App. 1994). As we have stated, '[a] statement of the basis of the trial court's decision is essential to afford the appellant due pro......
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