EX PARTE KIRBY

1930694.

643 So.2d 587 (1994)

Ex parte Junior Mack KIRBY. (Re Junior Mack Kirby v. State of Alabama).

Supreme Court of Alabama.

Certiorari Denied November 28, 1994.


Attorney(s) appearing for the Case

Richard S. Jaffee and Stephen A. Strickland of Richard S. Jaffee, P.C., Birmingham, for petitioner.

James H. Evans, Atty. Gen., and Frances H. Smith, Asst. Atty. Gen., for respondent.


HOUSTON, Justice.

Junior Mack Kirby petitioned for post-conviction relief under Rule 32, A.R.Crim.P., arguing that he had been denied the right to effective assistance of counsel because at his trial his attorney had failed to object to the definition of "reasonable doubt" given by the judge to the jury. Rule 32.7(d) Ala. R.Crim.P. In light of the recent United States Supreme Court decision in Victor v. Nebraska,___U.S.___, 114 S.Ct. 1239, 127 L.Ed.2d 583 ...

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