WISE, Presiding Judge. The appellant, Charles Lee McGowan, was convicted of murder, a violation of 13A-6-2(a)(1), Ala.Code 1975. The trial court sentenced him, as a habitual offender, to imprisonment for life without the possibility of parole. See 13A-5-9(c), Ala.Code 1975. McGowan did not file any posttrial motions. This appeal followed. I. McGowan argues that the trial court erroneously granted the State's challenge for cause of Veniremember E.J. During the voir dire proceedings, the...
WISE, Presiding Judge. The appellant, Corey Beantee Melton, was convicted of possession of obscene matter, a violation of 13A-12-192(b), Ala.Code 1975. The trial court sentenced him to serve a term of ten years in prison. Melton did not file a motion for a new trial. This appeal followed. The State presented evidence that, on September 8, 2005, Melton took his computer to the Best Buy electronics store on Highway 280; that Melton talked to Josh Woods, a senior counter-intelligence agent for...
WELCH, Judge. After the two cases were consolidated for trial, Jerry Day Hayes was convicted of the first-degree robbery of Hanh Ha, in case no. CC-2007-3397, and was convicted of the first-degree robbery of Tammy Stewart in case no. CC-2007-3398. In both cases the indictment charged a violation of 13A-8-41(a)(1), Ala.Code 1975. The circuit court sentenced Hayes to consecutive terms of life imprisonment without parole, ordered Hayes to pay a $50 assessment to the crime victims' compensation...
WINDOM, Judge. Brandon Deon Mitchell appeals his four capital-murder convictions and his sentences of death. Mitchell was convicted of three counts of capital murder for taking the lives of Kim Olney, John Aylesworth, and Dorothy Smith during the course of a robbery. 13A-5-40(a)(2), Ala.Code 1975. He was also convicted of an additional count of capital murder because two or more people were murdered by one act or pursuant to one scheme or course of conduct. 13A-5-40(a)(10), Ala.Code...
On Remand from the Alabama Supreme Court MAIN, Judge. On the authority of Ex parte Little, 54 So.3d 960 (Ala.2010), we remand this cause to the Mobile Circuit Court for that court to vacate Little's conviction for second-degree receiving stolen property in accordance with the Alabama Supreme Court's opinion. REMANDED WITH DIRECTIONS. * WISE, P.J., and WELCH, WINDOM, and KELLUM, JJ., concur. FootNotes * Note from the reporter of decisions: On July 16, 2010, on return to remand, the...
On Remand from the Alabama Supreme Court WISE, Presiding Judge. In accordance with the Alabama Supreme Court's opinion in Ex parte Ingram, 51 So.3d 1119 (Ala.2010), we reverse the circuit court's judgment and remand this case to that court for proceedings that are consistent with the Alabama Supreme Court's opinion. REVERSED AND REMANDED. WELCH, WINDOM, KELLUM, and MAIN, JJ., concur.
MAIN, Judge. Lugine Capri Caver was convicted of third-degree burglary, a violation of 13A-7-7, Ala.Code 1975. Pursuant to Alabama's Habitual Felony Offender Act, the trial court sentenced him to 20 years' imprisonment. See 13A-5-9, et seq., Ala.Code 1975. This appeal followed. On June 12, 2008, at 3:15 a.m., an individual broke the drive-through window at the McDonald's fast-food restaurant located on St. Stephens Road in Mobile County and removed the cash-register drawer. A...
WISE, Presiding Judge. The appellant, Isaac Williams, was convicted of murder, a violation of 13A-6-2(a)(1), Ala.Code 1975. The trial court sentenced him to serve a term of life in prison. Williams did not file any post-trial motions. This appeal followed. Williams argues that the trial court erred when it instructed the jury on the issue of self-defense. Specifically, he contends that the trial court's instruction misstated the law regarding the right to stand one's ground pursuant to...
KELLUM, Judge. The appellant, James Michael West, Jr., pleaded guilty to one count of trafficking in cocaine, a violation of 13A-12-231, Ala.Code 1975. The trial court sentenced West, as a habitual offender, to a term of life imprisonment and ordered West to pay a $50,000 fine, $500 to the Alabama Crime Victims Compensation Fund, a $2,000 Drug Demand Reduction Act assessment, and a $100 Department of Forensic Sciences assessment. On April 30, 2009, a Houston County grand jury indicted West...
WELCH, Judge. Oscar Levell McMillian was convicted of first-degree domestic violence, a violation of 13A-6-130, Ala.Code 1975. The trial court sentenced McMillian, as a habitual felony offender, to life in prison. No post trial motions were filed. This appeal followed. On September 21, 2007, Lakeysha Addison got off work from her job at a steam plant and went home to get McMillian, her boyfriend, to go shopping. McMillian had been telephoning Addison at work repeatedly, and Addison was told...
MAIN, Judge. Fredrick Darnell Banks was convicted of first-degree robbery, a violation of 13A-8-41(a)(1), Ala.Code 1975. The trial court sentenced Banks to life imprisonment. This appeal followed. Patty Thompkins, an employee of a Winn-Dixie grocery store in Mobile County, testified that on January 23, 2008, she was working at the store and noticed a black male, later identified as Banks, wearing dark clothing enter the store at approximately 11:30 p.m. Thompkins stated that she felt uneasy...
KELLUM, Judge. 1 Thomas Robert Lane was convicted of two counts of capital murder for the murder of his estranged wife, Theresa Lane. The murder was made capital (1) because it was committed during the course of a burglary, see 13A-5-40(a)(4), Ala.Code 1975, and (2) because it was committed for pecuniary gain, see 13A-5-40(a)(7), Ala. Code 1975. 2 By a vote of 8 to 4, the jury recommended that Lane be sentenced to life imprisonment without the possibility of parole for his capital-...
MAIN, Judge. AFFIRMED BY UNPUBLISHED MEMORANDUM. WISE, P.J., and KELLUM, J., concur. WINDOM, J., concurs in the result. WELCH, J., dissents, with opinion. WELCH, Judge, dissenting. I disagree with the majority's determination, in part II of its unpublished memorandum, that the trial court committed no error when it permitted Investigator Fred Sharp to testify about the victim's credibility, specifically, whether he believed the victim's disclosure that she had been raped by Travis Jay...
KELLUM, Judge. The appellant, Broderick Taylor, appeals from the circuit court's revocation of his probation. The record indicates that on December 4, 2002, Taylor was convicted of assault in the second degree. The circuit court sentenced Taylor to 10 years' imprisonment; however, that sentence was suspended, and Taylor was placed on 5 years' supervised probation. Further, Taylor was ordered to pay restitution and other court-ordered moneys. 1 On July 15, 2003, Taylor's probation officer at...
WINDOM, Judge. AFFIRMED BY UNPUBLISHED MEMORANDUM. WISE, P.J., and MAIN, J., concur. WELCH, J., concurs in part and dissents in part, with opinion, which KELLUM, J., joins. WELCH, Judge, concurring in part and dissenting in part. Lavernon Anthony Page appealed his convictions for first-degree assault, a violation of 13A-6-20, Ala.Code 1975; first-degree burglary, a violation of 13A-7-5, Ala.Code 1975; and discharging a gun into an occupied dwelling, a violation of 13A-11-61, Ala.Code...
WISE, Presiding Judge. AFFIRMED BY UNPUBLISHED MEMORANDUM. WINDOM, J., concurs. MAIN, J., concurs specially, with opinion. WELCH, J., dissents, with opinion, which KELLUM, J., joins. MAIN, Judge, concurring specially. Although the dissent correctly notes that T.D.T. v. State, 745 So.2d 885 (Ala. Crim.App.1998), and Robitaille v. State, 971 So.2d 43 (Ala.Crim.App.2005), differ from the present case with regard to the type of evidence at issue, I do not agree that those cases are...
BASCHAB, Presiding Judge. The appellant, Jeremy Bryan Jones, was convicted of four counts of capital murder for the killing of Lisa Nichols. The murder was made capital because he committed it during the course of a rape or an attempted rape, see 13A-5-40(a)(3), Ala. Code 1975; a sexual abuse or an attempted sexual abuse, see 13A-5-40(a)(8), Ala. Code 1975; a burglary, see 13A-5-40(a)(4), Ala.Code 1975; and a kidnapping or an attempted kidnapping, see 13A-5-40(a)(1), Ala.Code...
