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The After The Trial blog presents insights on ongoing and recent trials around the state of Alabama, including weekly criminal law round-ups.

Alabama Death-Row Inmates Ask for SCOTUS Review

J.D. Lloyd - Friday, January 06, 2017

Today, the US Supreme Court is considering three cert petitions involving important questions challenging the Alabama capital sentencing scheme. Two challenges involve the Supreme Court’s 2016 ruling in Hurst v. Florida, which held that any fact necessary to expose a defendant to the death penalty must be found by a jury, not a judge.

 

Two cert petitions involve Tommy Arthur, a man who’s been on Alabama’s death row for 30 years. One petition is a Hurst-based challenge. In that petition, Arthur (1) makes a general challenge to Alabama’s scheme under Hurst; (2) argues Hurst requires a unanimous jury vote for death (his vote for death was 11-1); and (3) claims Hurst applies retroactively.

 

Arthur’s second petition raises Eighth Amendment claims against Alabama’s execution protocol.

 

The Court is also considering a cert petition from Jerry Bohannon. While I do not have a copy of Bohannon’s cert petition, I would imagine he is raising claims similar to those he presented to the Alabama Supreme Court in his case that was decided in September 2016. There, the Court rejected a number of Hurst claims, most notably Bohannon’s challenge that Hurst requires a jury to decide the weight of aggravating factors against mitigating factors.

 

In Alabama, a judge makes the final sentencing determination and must decide that the aggravating factors of a case outweigh the mitigating factors in order to sentence a defendant to death. Under Alabama law (which is grounded in pre-Aprendi/Ring SCOTUS decisions), the weighing of aggravators versus mitigators is purely a job for the judge, not the jury. A fairly clear and long line of cases has held that the Sixth Amendment does not require a jury to conduct this weighing. Hurst calls this thinking into question.

 

I’m bearish on either case’s chance. I think Arthur has a better shot on the Eighth Amendment issue than the Sixth Amendment issue, but I don’t think he’d have the votes to do anything. Bohannon’s weighing claim is somewhat blunted by the fact that the jury recommended death by a vote of 11-1, so whatever error he claims might be harmless. Moreover, I don’t believe he raised a claim that Hurst requires juror unanimity, which probably would have helped. The Court should wait on a better vehicle – an override case - to take that issue up.

 

However, should the Court take up Bohannon’s case on the weighing issue, I think there’s a good chance the Court would rule in Bohannon’s favor and hold that the Sixth Amendment requires a jury to determine the weight of aggravators versus mitigators. I think the votes are there. Ginsburg authored Ring, Sotomayor wrote a scathing dissent in the denial of cert in Woodward v. AL, a case that challenged override in the pre-Hurst era, Breyer believes the Eighth Amendment requires a jury to find everything (even if he doesn’t like Ring) and joined Sotomayor’s dissent in Woodward, and Kagan, Kennedy, Thomas and Roberts were in the majority in Hurst.

 

Even if the Court doesn’t take up one of these two cases, I believe the writing is on the wall that the Court will be forced to take a closer look at Alabama’s capital sentencing scheme either this term or next.

 

 

If you or someone you know has been convicted of wrongful criminal charges, there is hope after the trial. Contact us today by clicking HERE.



 

 

CCA Update - Hurst Mandamus

J.D. Lloyd - Tuesday, June 21, 2016

 

Friday we saw the Alabama Court of Criminal Appeals uphold the constitutionality of Alabama’s capital-sentencing scheme in light of a ruling by Jefferson County Circuit Court Judge Tracie Todd that the scheme was unconstitutional under the recent US Supreme Court decision of Hurst v. Florida.

 

Too long, don’t want to read version: Alabama’s capital scheme is not unconstitutional under Hurst, but Hurst will prevent judicial override in cases where (a) the guilt phase verdict does not automatically establish an aggravating circumstance under § 13A-5-49, and (b) the jury finds in the penalty phase that no aggravating circumstance exists beyond a reasonable doubt.

 

Ex parte State of Alabama


In re: Kenneth Eugene Billups (CR-15-0619)

In re: Stanley Brent Chapman (CR-15-0622)

In re: Terell Corey McMullin (CR-15-0623)

In re: Benjamin Todd Acton (CR-15-0624)


Background

 

This case involves the ruling from Judge Tracie Todd of the Jefferson Circuit Court in which she held that the Alabama capital sentencing scheme is unconstitutional. In unrelated cases, Billups and Acton are charged with capital murder-robbery, a violation of § 13A-5-40(a)(2). In cases involving the same murders, Chapman and McMullin are each charged with two count capital murder-robbery (§ 13A-5-40(a)(2)), two counts each of capital murder-burglary (§ 13A-5-40(a)(4), and one count each of capital murder for killing more than one person in the same course of conduct (§ 13A-5-40(a)(10)).

 

Prior to their trials, the defendants moved to bar the imposition of the death penalty on the grounds that Alabama’s capital scheme is unconstitutional under Hurst. The Court granted the motion, finding the Alabama capital scheme unconstitutional. The State filed a petition for a writ of mandamus asking the Court of Criminal Appeals to order Judge Todd to vacate her order.


Holding

 

The Court begins its analysis by reviewing SCOTUS’s rulings in Apprendi v. New Jersey and Ring v. Arizona, emphasizing how Apprendi holds “any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proven beyond a reasonable doubt." Ring simply applied Apprendi to Arizona’s capital sentencing scheme. In looking at Hurst, the Court of Criminal Appeals observed that the Hurst opinion, like the Ring opinion, did nothing more than apply Apprendi to Florida’s capital sentencing scheme. The CCA explained:

 

“The [Hurst] Court noted that "[t]he analysis the Ring Court applied to Arizona's sentencing scheme applies equally to Florida's." Hurst, 577 U.S. at ___, 136 S.Ct. at 621-22. Florida's capital sentencing scheme as it then existed was similar to Arizona's in that the maximum sentence authorized by a jury verdict finding a defendant guilty of first-degree murder was life imprisonment without the possibility of parole; the defendant became eligible for the death penalty only if the trial court found the existence of an aggravating circumstance and found that there were insufficient mitigating circumstances to outweigh the aggravating circumstances.”


Ex parte State at * 14. The CCA concluded that Hurst “did nothing more than apply its previous holdings in Apprendi and Ring to Florida's capital sentencing scheme. The Court did not announce a new rule of constitutional law, nor did it expand its holdings in Apprendi and Ring. As the State correctly argues, "Hurst did not add anything of substance to Ring." (Petitions, p. 6.)”

 

The CCA zeroed in on how Ring and Hurst, applying Apprendi, focus on death penalty “eligibility,” the objective component of a death sentence. This, of course, is distinct from the subjective component of whether a death sentence is actually appropriate in a given case. The Court observed that the Alabama scheme only requires the jury to find one aggravating factor under § 13A-5-49 in order for a defendant to be “eligible” for a death sentence.

 

Under Apprendi, Ring, and Hurst, the crucial question is -- does the required finding that an aggravating circumstance exists expose the defendant to a greater punishment than that authorized by the jury's guilty verdict alone? In Alabama, unlike Arizona and Florida, the answer to that question depends on the capital offense at issue.

 

The CCA discussed how the Alabama capital statute includes “overlap” and “non-overlap” capital offense. A guilt-phase conviction of an “overlap” offenses automatically establishes the one aggravating circumstances under § 13A-5-49 required to impose a death sentence under § 13A-5-47. For example, a conviction of capital murder-robbery under § 13A-5-40(a)(2) “overlaps” with the aggravating factor that the murder was committed during a robbery pursuant to § 13A-5-49(4). On the other hand, a conviction for a non-overlap offense, such as murder committed by shooting from a vehicle, does not “overlap” with an aggravating factor found in § 13A-5-49.

 

In looking at “overlap” offenses, the Court concluded that there is no Hurst problem because the guilt-phase determination finds beyond reasonable doubt an aggravating factor under § 13A-5-49, which would make the defendant death-eligible under Apprendi, Ring, and Hurst. Likewise, the Court held that in non-overlap cases, if a jury finds beyond a reasonable doubt that an aggravator exists, he too is death eligible under Apprendi, Ring, and Hurst.

 

The Court recognized that Apprendi, Ring, and Hurst will foreclose a death sentence in a situation where a defendant is convicted of a “non-overlap” offense and the jury in the guilt phase determines that no

aggravating circumstance exists. In this situation, the trial court can only sentence the defendant to LWOP.


Getting Really Technical

 

The CCA also considered the very technical question of whether it had jurisdiction to consider the State’s request for a writ of mandamus.

 

In criminal cases, the State of Alabama has very few opportunities to appeal an adverse ruling. At times the State must ask for what’s called a “writ of mandamus” -- basically, an order from a higher court (the Court of Criminal Appeals or the Supreme Court) to mandate that a circuit court do something.  Mandamus is rarely granted and very hard to get. Basically, you have to show (a) you’re clearly entitled to the relief you seek, and (b) there’s no other option for you. The State often has to revert to mandamus requests because their right to appeal is so limited. Defendants have an even harder time getting mandamus since they have a broader right to appeal, and thus, a chance to rectify legal wrongs.

 

With respect to this issue, the Court found that there is no statute authorizing a state appeal on this question. Since a writ of mandamus can be issued to “prevent a gross disruption in the administration of criminal justice,” the Court concluded that it had jurisdiction to consider granting the writ because the situation at hand threatened a “gross disruption in the administration."

 

 

If you or someone you know has been convicted of wrongful criminal charges, there is hope after the trial. Contact us today by clicking HERE.



 

Is Alabama’s Death Penalty Scheme on Life Support?

J.D. Lloyd - Thursday, January 14, 2016

Today, by an 8-1 vote (Justice Alito dissenting), the US Supreme Court struck down Florida's death penalty sentencing scheme in Hurst v Florida . This is huge news in Alabama as our death penalty sentencing scheme is very similar.
 
Under Florida law, a capital offense only exposes a defendant to a punishment of life imprisonment without possibility of parole (“LWOP”). A defendant can be sentenced to death only after the court makes additional findings. Essentially, after the guilt phase, a court conducts a sentencing hearing where a jury will make a sentencing recommendation of LWOP or death. This recommendation is purely advisory. Then, the sentencing judge makes a determination of whether to impose LWOP or death.
 
The Court found this scheme violates Ring v. Arizona, which held that all facts necessary to impose death must be found by the jury. Only judicial -- and not jury -- fact-finding can expose a defendant to death under Florida law. Pursuant to Ring , this scheme violates the Sixth Amendment.
 
In Alabama, we have a similar scheme; however, by statute, a capital conviction exposes a defendant to LWOP or death -- a Florida conviction, standing alone, only exposes a defendant to LWOP. After receiving a recommendation from the jury, the Alabama judge makes the final determination of what sentence to impose. So the sentencing decision still falls upon the judge in Alabama.
 
Whether the Alabama system holds a distinction without a real difference from the Florida law will be litigated in the very near future. Regardless, the reins have been tightened a little more on the death penalty.
 
 
For more information on the decision, click here.

 

 

If you or someone you know has been convicted of wrongful criminal charges, there is hope after the trial. Contact us today by clicking HERE.



 

 

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