On Application for Rehearing JOINER , Judge . This Court's opinion issued on February 6, 2015, is withdrawn, and the following opinion is substituted therefor. Diontez Jamel Moore appeals his probation revocation. We reverse and remand. In August 2008, Moore was indicted for murder, see 13A-6-2, Ala.Code 1975, and, after he pleaded guilty, Moore was sentenced to 20 years' imprisonment; that sentence was split, and he was ordered to serve 5 years' imprisonment followed by 5 years'...
WINDOM , Presiding Judge . AFFIRMED BY UNPUBLISHED MEMORANDUM. KELLUM and BURKE, JJ., concur. JOINER, J., concurs in part and concurs in the result, with opinion. WELCH, J., joins in special writing. JOINER , Judge , concurring in part and concurring in the result. I concur in the rationale in part and concur in the result of this Court's unpublished memorandum affirming the Montgomery Circuit Court's decision to revoke Richard Cintron's probation. Specifically, with regard to Part I of...
KELLUM , Judge . The opinion issued on September 5, 2014, is withdrawn, and the following opinion is substituted therefor. The State of Alabama appeals the circuit court's order granting Louis Christopher Mangione's petition for postconviction relief filed pursuant to Rule 32, Ala. R.Crim. P. In November 1995, Mangione was convicted of one count of capital murder and one count of intentional murder in connection with the murder of Vicki Deblieux. Mangione was 16 years old at the time of...
JOINER , Judge . William Bruce Marshall, an inmate on death row, appeals the Jefferson Circuit Court's summary dismissal, in part, and denial, in part, of his Rule 32, Ala. R.Crim. P., petition for postconviction relief. We affirm. Facts and Procedural History In 2005, Marshall was convicted of two counts of capital murder for the killing of his stepdaughter, Alicia Nicole Bentley—one count of murder made capital because it occurred during a burglary, see 13A-5-40(a)(4), Ala.Code...
WINDOM , Presiding Judge . Calvin L. Stallworth, currently an inmate on Alabama's death row at Holman Correctional Facility, appeals the circuit court's denial of his petition for postconviction relief filed pursuant to Rule 32, Ala. R.Crim. P. In October 1998, Stallworth was convicted of two counts of capital murder for murdering Nancy Dukes and Linda Morton during the course of a robbery. The jury, by a vote of 10 to 2, recommended that Stallworth be sentenced to death. The circuit court...
