BOLIN, Justice. James Henry Borden, Jr., was convicted of capital murder for intentionally causing the death of Nellie Ledbetter after he had been convicted of another murder within the 20 years before that offense. See 13A-5-40(a)(13), Ala.Code 1975. The jury, by a vote of 10 to 2, recommended a sentence of death, and the trial court accepted the jury's recommendation and sentenced Borden to death by electrocution. The Court of Criminal Appeals affirmed his conviction and sentence. Borden...
LYONS, Justice. Eugene Milton Clemons II petitioned this Court for a writ of certiorari to review the judgment of the Court of Criminal Appeals affirming the trial court's denial of his Rule 32, Ala. R.Crim. P., proceeding, and we issued the writ as to three issues. We now quash the writ in part and reverse and remand. I. Facts and Procedural Background Clemons was convicted in September 1994 of capital murder in the death of Robert Althouse, an officer with the Drug Enforcement...
SEE, Justice. Facts and Procedural History John Michael Ward was convicted of murder made capital because the victim was under the age of 14. See 13A-5-40 (a)(15), Ala.Code 1975. The victim was Ward's four-month-old child. Ward was sentenced to death. The Court of Criminal Appeals affirmed Ward's conviction and sentence. Ward v. State, 814 So.2d 899 (Ala.Crim.App.2000), cert. denied, 814 So.2d 925 (Ala.2001), and cert. denied, 535 U.S. 907, 122 S.Ct. 1208, 152 L.Ed.2d 145 (2002)....
SEE, Justice. Facts and Procedural History John Michael Ward was convicted of murder made capital because the victim was under the age of 14. See 13A-5-40 (a)(15), Ala.Code 1975. The victim was Ward's four-month-old child. Ward was sentenced to death. The Court of Criminal Appeals affirmed Ward's conviction and sentence. Ward v. State, 814 So.2d 899 (Ala.Crim.App.2000), cert. denied, 814 So.2d 925 (Ala.2001), and cert. denied, 535 U.S. 907, 122 S.Ct. 1208, 152 L.Ed.2d 145 (2002)....
