Supreme Court of Alabama

Ex Parte Howard Carl Whited (in Re Howard Carl Whited v. State of Alabama)

February 6, 2015180 So. 3d 69

Summary

The court held that Whited received ineffective assistance when counsel waived closing argument without articulating a specific, informed strategic reason. Given the substantial arguments supporting reasonable doubt and the lengthy, emotional nature of the prosecution's closing argument, the waiver was deficient and created a reasonable probability of a different result. The court reversed and remanded for a new trial.