Tubbs v. State
Tubbs v. State
Opinion
The appellant, Byron Cornelius Tubbs, was convicted of the murder of James Moore. The murder was made capital because it occurred during a robbery in the first degree or an attempted robbery in the first degree. See §
The appellant raises several ineffective-assistance-of-counsel claims that may have merit. The State asks us to remand this cause for the trial court to make specific findings of fact concerning the claims raised during the hearing on the motion for a new trial. Because the trial court presided over the trial and the hearing on the motion for a new trial, we believe that that court is in the best position to make findings of fact regarding the appellant's claims. Accordingly, we remand this cause for the trial court to make specific findings of fact as to each claim raised during the hearing on the motion for a new trial. See Thomas v. State,
REMANDED WITH DIRECTIONS.*
Long, P.J., and McMillan, Cobb, and Fry, JJ., concur.
Reference
- Full Case Name
- Byron Cornelius Tubbs v. State.
- Cited By
- 15 cases
- Status
- Published