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Lee v. State
Citations: 876 So. 2d 514; 2003 Ala. Crim. App. LEXIS 125; 2003 WL 21246559Docket: CR-02-0549
Court: Court of Criminal Appeals of Alabama; May 30, 2003; Alabama; State Appellate Court
Corey Latrell Lee filed a Rule 32 petition challenging his conviction for second-degree receiving stolen property and his 21-year sentence, claiming ineffective assistance of counsel. He cited three specific deficiencies: 1) failure to contest the State's proof of his control over the stolen property; 2) failure to raise a Batson challenge during jury selection; and 3) failure to perfect his appeal. Lee also contended that the trial judge should have recused himself due to a conflict of interest related to Lee's aunt working for the District Attorney's Office and the judge's previous role as a deputy district attorney. The State moved to dismiss, arguing procedural bars under Rules 32.2(a)(3) and (5) because Lee did not secure the trial transcript. The trial court denied the petition without a hearing. On appeal, Lee focused solely on the ineffective assistance of counsel regarding his appeal, abandoning the other claims. The court acknowledged that even if the abandoned claims were considered, they would not provide grounds for relief as they were nonjurisdictional and not raised at trial or on appeal. The State requested a remand for the trial court to assess whether Lee's appellate counsel was ineffective for not perfecting the appeal. The appellate court agreed, remanding the case for an evidentiary hearing to determine if Lee was indigent during the appeal and whether counsel sought a free transcript. If Lee was not indigent, the court should ascertain if counsel informed him of the need to pay for the transcript. The trial court is instructed to return findings within 56 days. The decision was supported by judges Cobb, Wise, Baschab, and Shaw, with the latter two concurring without further opinion.