Anders brief in Alabama

1995As the Supreme Court pointed out, allowing counsel to file an Anders brief "would also induce the court to pursue all the more vigorously its own review because of the ready references not only to the record, but also to the legal authorities as furnished it by counsel." Anders v. California , 386 U.S. at 745 , 87 S.Ct. at 1400 .

1995As the Supreme Court pointed out, allowing counsel to file an Anders brief "would also induce the court to pursue all the more vigorously its own review because of the ready references not only to the record, but also to the legal authorities as furnished it by counsel." Anders v. California , 386 U.S. at 745 , 87 S.Ct. at 1400 .

2005We granted Bradley's counsel's motion to withdraw, appointed new counsel to represent Bradley, and requested that the parties file briefs addressing the following issue: "In light of Powell v. State, 624 So.2d 220 (Ala.Crim.App.1993), is second-degree assault under § 13A-6-21(a)(2), Ala.Code 1975, the crime for which [Bradley] was convicted, a lesser-included offense of first-degree robbery under § 13A-8-41(a)(1), Ala.Code 1975, the crime for which [Bradley] was indicted?" We also requested that the parties address the implications of Hamilton v. State, 455 So.2d 170 (Ala.Crim.App.1984), and B

2005We granted Bradley's counsel's motion to withdraw, appointed new counsel to represent Bradley, and requested that the parties file briefs addressing the following issue: "In light of Powell v. State, 624 So.2d 220 (Ala.Crim.App.1993), is second-degree assault under § 13A-6-21(a)(2), Ala.Code 1975, the crime for which [Bradley] was convicted, a lesser-included offense of first-degree robbery under § 13A-8-41(a)(1), Ala.Code 1975, the crime for which [Bradley] was indicted?" We also requested that the parties address the implications of Hamilton v. State, 455 So.2d 170 (Ala.Crim.App.1984), and B

2005We granted Bradley's counsel's motion to withdraw, appointed new counsel to represent Bradley, and requested that the parties file briefs addressing the following issue: "In light of Powell v. State, 624 So.2d 220 (Ala.Crim.App.1993), is second-degree assault under § 13A-6-21(a)(2), Ala.Code 1975, the crime for which [Bradley] was convicted, a lesser-included offense of first-degree robbery under § 13A-8-41(a)(1), Ala.Code 1975, the crime for which [Bradley] was indicted?" We also requested that the parties address the implications of Hamilton v. State, 455 So.2d 170 (Ala.Crim.App.1984), and B

2004Although the circuit court's reason for denying this claim was erroneous, "`where the judgment of the circuit court denying a petition for post-conviction relief is correct for any reason, it will be affirmed by this Court, even if the circuit court stated an incorrect reason for its denial.'" Long v. State , 675 So.2d 532 , 533 (Ala.Crim.App. 1996), quoting Swicegood v. State , 646 So.2d 159 , 160 (Ala.Crim.App. 1994).

2004Although the circuit court's reason for denying this claim was erroneous, "`where the judgment of the circuit court denying a petition for post-conviction relief is correct for any reason, it will be affirmed by this Court, even if the circuit court stated an incorrect reason for its denial.'" Long v. State , 675 So.2d 532 , 533 (Ala.Crim.App. 1996), quoting Swicegood v. State , 646 So.2d 159 , 160 (Ala.Crim.App. 1994).

2004Therefore, these claims are precluded by Rule 32.2(a)(4), Ala.R.Crim.P., as claims that were addressed on appeal." 816 So.2d at 1071 .

2003See also Mitchell v. State , 713 So.2d 981 (Ala.Crim.App. 1997) (where new counsel was appointed to represent the defendant on appeal because the Anders brief was deficient); Lochli v. State , 555 So.2d 308 (Ala.Crim.App. 1989) (where new counsel was appointed because of former counsel's failure to file brief on appeal).

2003See also Mitchell v. State , 713 So.2d 981 (Ala.Crim.App. 1997) (where new counsel was appointed to represent the defendant on appeal because the Anders brief was deficient); Lochli v. State , 555 So.2d 308 (Ala.Crim.App. 1989) (where new counsel was appointed because of former counsel's failure to file brief on appeal).

2003In Fleming v. State , 625 So.2d 1195 (Ala.Crim.App. 1993), the Court of Criminal Appeals, after it reviewed the Anders brief and determined that one issue noted in that brief warranted further briefing, ordered the trial court to appoint new appellate counsel for the defendant.

1995On the other hand, "the constitutional due process clause does not require the appointment of counsel for an indigent parent in dependency and temporary custody proceedings." Morgan v. Lauderdale County Department of Pensions Security , 494 So.2d 649 (Ala.Civ.App. 1986) (citing Lassiter v. Department of Social Services of Durham County, North Carolina , 452 U.S. 18 , 34 , 101 S.Ct. 2153 , 2163 , 68 L.Ed.2d 640 , reh'g denied , 453 U.S. 927 , 102 S.Ct. 889 , 69 L.Ed.2d 1023 (1981)).

1995On the other hand, "the constitutional due process clause does not require the appointment of counsel for an indigent parent in dependency and temporary custody proceedings." Morgan v. Lauderdale County Department of Pensions Security , 494 So.2d 649 (Ala.Civ.App. 1986) (citing Lassiter v. Department of Social Services of Durham County, North Carolina , 452 U.S. 18 , 34 , 101 S.Ct. 2153 , 2163 , 68 L.Ed.2d 640 , reh'g denied , 453 U.S. 927 , 102 S.Ct. 889 , 69 L.Ed.2d 1023 (1981)).

1995On the other hand, "the constitutional due process clause does not require the appointment of counsel for an indigent parent in dependency and temporary custody proceedings." Morgan v. Lauderdale County Department of Pensions Security , 494 So.2d 649 (Ala.Civ.App. 1986) (citing Lassiter v. Department of Social Services of Durham County, North Carolina , 452 U.S. 18 , 34 , 101 S.Ct. 2153 , 2163 , 68 L.Ed.2d 640 , reh'g denied , 453 U.S. 927 , 102 S.Ct. 889 , 69 L.Ed.2d 1023 (1981)).

1995On the other hand, "the constitutional due process clause does not require the appointment of counsel for an indigent parent in dependency and temporary custody proceedings." Morgan v. Lauderdale County Department of Pensions Security , 494 So.2d 649 (Ala.Civ.App. 1986) (citing Lassiter v. Department of Social Services of Durham County, North Carolina , 452 U.S. 18 , 34 , 101 S.Ct. 2153 , 2163 , 68 L.Ed.2d 640 , reh'g denied , 453 U.S. 927 , 102 S.Ct. 889 , 69 L.Ed.2d 1023 (1981)).

1995On the other hand, "the constitutional due process clause does not require the appointment of counsel for an indigent parent in dependency and temporary custody proceedings." Morgan v. Lauderdale County Department of Pensions Security , 494 So.2d 649 (Ala.Civ.App. 1986) (citing Lassiter v. Department of Social Services of Durham County, North Carolina , 452 U.S. 18 , 34 , 101 S.Ct. 2153 , 2163 , 68 L.Ed.2d 640 , reh'g denied , 453 U.S. 927 , 102 S.Ct. 889 , 69 L.Ed.2d 1023 (1981)).

1995On the other hand, "the constitutional due process clause does not require the appointment of counsel for an indigent parent in dependency and temporary custody proceedings." Morgan v. Lauderdale County Department of Pensions Security , 494 So.2d 649 (Ala.Civ.App. 1986) (citing Lassiter v. Department of Social Services of Durham County, North Carolina , 452 U.S. 18 , 34 , 101 S.Ct. 2153 , 2163 , 68 L.Ed.2d 640 , reh'g denied , 453 U.S. 927 , 102 S.Ct. 889 , 69 L.Ed.2d 1023 (1981)).

1992See Moore v. State , 548 So.2d 510 , 511 (Ala.Cr.App. 1988); Graves v. State , 540 So.2d 97 , 98 (Ala.Cr.App. 1988).

1987In regard to this particular, we note that Carroll v. State , 468 So.2d 186 (Ala.Crim.App. 1985), suggests that the trial court's finding in that case " 'that [the petitioner] acquiesced in the efforts of the attorneys at every stage of trial,' " id. at 188 , was not a consideration in cases of ineffective assistance of counsel.

1987In regard to this particular, we note that Carroll v. State , 468 So.2d 186 (Ala.Crim.App. 1985), suggests that the trial court's finding in that case " 'that [the petitioner] acquiesced in the efforts of the attorneys at every stage of trial,' " id. at 188 , was not a consideration in cases of ineffective assistance of counsel.