SMITH v. STATE

CR-05-0561.

71 So.3d 12 (2008)

Joseph Clifton SMITH v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied February 13, 2009.

Certiorari Quashed April 15, 2011 Alabama Supreme Court 1080589.


Attorney(s) appearing for the Case

Domingo Soto , Mobile (withdrew 11/16/2006); and Chad W. Bryan , Montgomery, for appellant.

Troy King , atty. gen., and Pamela Lynn Casey and Corey L. Maze , asst. attys. gen., for appellee.


WISE, Judge.

The appellant, Joseph Clifton Smith, appeals the summary dismissal of his petition for postconviction relief filed pursuant to Rule 32, Ala.R.Crim.P. In 1998, Smith was convicted of murdering Durk Van Dam during the course of a robbery, an offense defined as capital by § 13A-5-40(a)(2), Ala.Code 1975. The jury, by a vote of 11 to 1, recommended that Smith be sentenced to death, and the circuit court sentenced Smith to death. Smith's conviction and...

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