KELLUM , Judge . The appellant, Eric Devon Johnson, appeals his conviction for murder, see 13A-6-2, Ala.Code 1975. The circuit court sentenced Johnson to life imprisonment and ordered him to pay $50 to the crime victims compensation fund, $8,617.43 in restitution, and court costs. Johnson and his brother, Ellis Andrel Diggs, were tried jointly for the murder of Garry Blackwell. 1 The record indicates the following pertinent facts. On February 4, 2012, Blackwell was operating an...
PER CURIAM . The appellant, Freddie L. Clark, was convicted of one count of unlawful distribution of a controlled substance, a violation of 13A-12-211, Ala.Code 1975. The circuit court sentenced Clark as a habitual felony offender with three prior felony convictions to a total of 30 years' imprisonment: 20 years' imprisonment for the unlawful-distribution conviction plus a 5-year enhancement pursuant to 13A-12-250, Ala.Code 1975, because the offense took place within a 3-mile radius of a...
BURKE , Judge . Robert Carroll, Jr., appeals from the circuit court's denial of his petition for a writ of habeas corpus. On or about October 22, 2012, Carroll filed a petition for a writ of habeas corpus in St. Clair County, arguing that he was being illegally held by the Alabama Department of Corrections ("the DOC") because his sentences had already expired. Specifically, Carroll stated that when he pleaded guilty in Calhoun Circuit Court to cases no. CC-09-358, no. CC-09-359, no. CC-09-...
On Remand from the Alabama Supreme Court JOINER , Judge . Chase Andrew Dunn pleaded guilty, on October 14, 2010, to first-degree assault. See 13A-6-20, Ala.Code 1975. The Mobile Circuit Court sentenced Dunn to 10 years' imprisonment and split that sentence, ordering Dunn to serve 2 years in prison followed by 3 years' probation. Dunn's probation was revoked in May 2013, and this Court, in an unpublished memorandum, affirmed the revocation of Dunn's probation. See Dunn v. State (No....
BURKE , Judge . Marqueze Taron Smith was convicted of two counts of murder made capital because the murder was committed during a kidnapping in the first degree or an attempt thereof, see 13A-5-40(a)(1), Ala.Code 1975, and because the murder was committed during a robbery in the first degree or an attempt thereof, see 13A-5-40(a)(2), Ala.Code 1975. The jury, by a vote of 11 to 1, recommended that Smith be sentenced to death. The trial court followed the jury's recommendation and...
On Remand from the Alabama Supreme Court JOINER , Judge . Natasha Rae Lee and codefendants Justin Andrew Bailey and Jennifer Leigh Clayton filed separate motions to suppress the evidence seized from two separate warrantless searches of their apartment on January 7, 2011, and January 28, 2011, as well as searches of their person on January 28, 2011. The Montgomery Circuit Court granted the motions. The State appealed. On rehearing, this Court in State v. Lee, [Ms. CR-11-1865, Oct. 4,...
BURKE , Judge . Michael David Carruth was convicted of four counts of capital murder in connection with the death of 12-year-old William Brett Bowyer. The murder was made capital (1) because it was committed during the course of a kidnapping in the first degree, see 13A-5-40(a)(1), Ala.Code 1975; (2) because it was committed during the course of a robbery in the first degree, see 13A-5-40(a)(2), Ala.Code 1975; (3) because it was committed during the course of a burglary in the first...
JOINER, Judge. Lakwajame Savatae Richards was charged by indictment with second-degree assault, see 13A-6-21, Ala.Code 1975. On June 10, 2013, Richards filed a pretrial motion to suppress "the statements provided by [Richards] to the Montgomery Fire Department as well as the Montgomery Police Department." (C. 17.) Specifically, Richards argued in his motion to suppress that he "was questioned by the Montgomery Fire Department pursuant to an ongoing criminal investigation which allegedly...
KELLUM , Judge . The appellant, Stacy David Trimble, was indicted for attempted murder, a violation of 13A-4-2 and 13A-6-2, Ala.Code 1975. Following a jury trial, Trimble was convicted of the lesser-included offense of assault in the first degree, a violation of 13A-6-20, Ala.Code 1975. The circuit court sentenced Trimble, as an habitual felony offender, to life imprisonment. The circuit court further ordered Trimble to pay $50 to the crime victims' compensation fund and court costs....
WELCH, Judge. On August 6, 2003, Timothy Alan Burt was convicted of first-degree sexual abuse and sentenced to prison. At some point Burt was released from prison. On August 5, 2010, a two-count indictment was returned charging him in circuit court case CC-10-1797 with violating his duty under the then in effect "Community Notification of Released Convicted Sex Offenders" Act, (also known as the "Community Notification Act," i.e., "the CNA"), 15-20-20 through -38, Ala.Code 1975, to file...
WELCH , Judge . Jerry B. Hankins was charged with three counts of unlawful distribution of controlled substances, a violation of 13A-12-211(a), Ala.Code 1975, and three counts of trafficking in illegal drugs, a violation of 13A-12-231(3)(d), Ala.Code 1975. 1 Hankins filed a pretrial motion to dismiss these charges on the grounds that he is a licensed medical physician with credentials and proper legal authority to dispense prescriptions for the controlled substances that are the basis...
