Opinion
No. CR-99-0834.
Decided April 26, 2002.
Appeal from St. Clair Circuit Court (CC-88-22.60), John E. Rochester, Judge.
Stephen B. Bright, Christopher M. Johnson, and Ty Alper, Atlanta, Georgia, for Appellant.
Troy King and William H. Pryor, Jr., Attys. Gen.; and Thomas F. Parker IV (withdrawn January 24, 2001) and A. Vernon Barnett IV, Asst. Attys. Gen., for Appellee.
On Return to Second Remand
The appellant, Ricky D. Adkins, appeals the denial of his petition for postconviction relief filed pursuant to Rule 32, Ala.R.Crim.P. On two separate occasions we remanded this case to the Circuit Court of St. Clair County for that court to make specific written findings of fact on the issues that were not procedurally barred — specifically, Adkins's claims of ineffective assistance of counsel. See Adkins v. State, [Ms. CR-99-0834, February 9, 2001] ___ So.2d ___ (Ala.Crim.App. 2001), opinion on return to remand, [August 31, 2001] ___ So.2d ___. We noted that this is a complicated death-penalty case that raises numerous claims of ineffective assistance of counsel.
The trial court has failed to comply with our directions. The return filed with this Court reflects that the trial court made broad conclusions with little references to any specific facts. Nor did the trial court address all of the claims raised.
This case is again remanded to the Circuit Court of St. Clair County for that court to make specific written findings of fact concerning each allegation of ineffective assistance of counsel contained in Claim L of Adkins's amended petition in numbered paragraphs 158 through 170. For the court's assistance we cite to the proposed order submitted by the State, which is part of the certified record filed with this case. By citing the trial court to the State's proposed order we do not wish to be understood as suggesting that the court adopt in toto the written findings of fact and conclusions of law submitted by the State in its proposed order. SeeGrayson v. State, 675 So.2d 516 (Ala.Crim.App. 1995). We cite the proposed order merely as an aid to the trial court to assist that court in identifying the specific issues that warrant written findings of fact. If the trial court determines that any of the claims are not sufficiently pleaded, the court should specifically reference each claim in its findings. Due return should be filed in this Court no later than 60 days from the date of this opinion.
REMANDED WITH DIRECTIONS.
McMillan, P.J., and Baschab, Shaw, and Wise, JJ., concur.
Cobb, J., recuses herself.