Alabama Court of Criminal Appeals UPHOLDS Death Penalty

Rickey Stokes

Viewed: 2789

Posted by: RStokes
Date: Jun 17 2016 6:52 PM

ALABAMA:      The Alabama Court of Criminal Appeals has issued an opinion on Capital Murder cases.

The 58 page opinion combines four petitions filed by the State of Alabama for a writ of mandamus asked the Court of Criminal Appeals to direct the Jefferson County Circuit Court to vacate a order.

The Jefferson County Circuit Court declared Alabama’s “Capital sentencing scheme” unconstitutional and barring the State from seeking the death penalty in capital murder prosecutions.

In Alabama, a capital trial is bifurcated into two phases. The first phase of the trial, often referred to as guilt phase, the jury must determine whether the defendant is guilty of the capital offense with which he or she is charged.

If the jury find the defendant guilty of the capital offense, the second phase of the trial, delineated by status as a sentence hearing but often referred to  in case law as the penalty phase or sentencing phase begins.

At the penalty phase, the parties present to the jury any evidence relevant to sentencing, particularly relating to aggravating circumstances and mitigating circumstances.

After hearing the evidence presented the penalty phase of  the trial, the jury then returns an advisory verdict recommending a sentence of either life imprisonment without the possibility of parole or death.

If the jury finds that no aggravating circumstances exists, they must recommend a sentence of life without the possibility of parole. If the jury unanimously find that one or more aggravating circumstances exist, but finds that they do not outweigh any mitigating circumstances, the jury must recommend a sentence of  life imprisonment without the possibility of parole.

If the jury unanimously finds that one or more aggravating circumstances exist and finds that they outweigh any mitigating circumstances, the jury must recommend a sentence of death.

After the jury makes it sentencing recommendation, the trial court shall proceed to determine the sentence. In determining the appropriate sentence in a capital case, the trial court must order a pre-sentence investigation report, must conduct another sentencing hearing before the trial court alone, must issue a sentencing order containing specific written findings concerning the existence or nonexistence of each aggravating circumstance enumerated and each mitigating circumstance enumerated, and any additional facts.

Alabama law requires the existence of only one aggravating circumstance in order for a defendant to be sentenced to death and that aggravating circumstances must be unanimously found by a jury to exist beyond a reasonable doubt for a defendant to be sentenced to death.

Once the jury makes the required finding that an aggravating circumstance exists, the trial court must then exercise it’s discretion in determining the appropriate sentence.

After pages and pages of discussion in the 58 opinion issued, the finding is “ in Alabama it is the jury, not the trial court, that makes the critical finding necessary for imposition of the death penalty, Alabama’s capital sentencing scheme is constitutional.

The Alabama Court of Criminal Appeals rules the Jefferson County Circuit Court erred in holding the death sentence unconstitutional.

TAKING JEFFERSON COUNTY CIRCUIT COURT TO TASK by Justice Joiner, Judge

One of the Judges of the Alabama Court of Criminal Appeals writes “ I point out that the trial court’s 28 page order, which appears to have been pre-drafted because it was read into the record immediately upon the conclusion of the hearing, contains sparse analysis on the application of Hurst ( another case law ) to Alabama’s capital sentencing scheme. The majority of the order is devoted to the trial court’s opinions regarding partisan politics, the effects of an elected judiciary, court funding, and the propriety of the death penalty in general. Additionally, the trial court extensively cites secondary sources, including materials from “ Project Hope To Abolish the Death Penalty” as well as from the web site  Equal Justice Initiative, a nonprofit organization whose attorneys are representing the defendants in this very proceeding. In reviewing the materials that were filed in Court, I find no mention of these issues. This I question whether the trial court’s ultimate conclusion is based on its analysis of Hurst or on the trial judge’s personal opinions regarding Alabama’s death penalty”.

 

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