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| Pilley v. State, CR-01-1275,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 27, 2005, Released
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Overview: Capital murder conviction was affirmed since gangland-style, robbery murders of five persons were committed by one act or pursuant to one scheme or course of conduct under Ala. Code ¿ 13A-5-40(a)(10) by defendant as shooter or aider; jury's 10-2 unanimous death recommendation indicated it found at least one Ala. Code ¿ 13A-5-49(1), (4) aggravator.
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| Potts v. State, CR-04-1118,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 27, 2005, Released
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Overview: Because an indictment did not allege sufficient facts to conclude that another person aided defendant in a robbery, the trial court erred in denying defendant's Ala. R. Crim. P. 32 petition to withdraw his guilty plea; the case was remanded for specific, written findings of fact as to whether the indictment was amended to add the allegation.
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| Robey v. State, CR-03-0886,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 27, 2005, Released
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| Scott v. State, CR-02-0347,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 27, 2005, Released
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Overview: In a capital case, the trial court's finding that defendant's rape and murder of the victim, who was under the age of 14, constituted a heinous, atrocious, or cruel offense under Ala. Code ¿ 13A-5-49(8) was supported by the evidence. Forcible compulsion under Ala. Code ¿ 13A-6-60(8) was present as defendant choked the victim while raping her.
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| State v. Watkins, CR-04-0368,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 27, 2005, Released
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Overview: The criminal case against defendant was erroneously dismissed where the trial court proceeded in a bench trial despite the State's objection to defendant's apparent waiver of his right to a jury trial. The State did not consent to the waiver pursuant to Ala. R. Crim. P. 18.1(b).
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