Arrington v. State
Decision Date | 30 August 2002 |
Citation | 869 So.2d 529 |
Parties | Trumaine ARRINGTON v. STATE of Alabama. |
Court | Alabama Court of Criminal Appeals |
Gerald Gregory White, Birmingham, for appellant. William H. Pryor, Jr., atty. gen., and Robin Blevins, asst. atty. gen., for appellee.
On Rehearing Ex Mero Motu1
This Court's unpublished memorandum of October 19, 2001, is withdrawn, and the following opinion is substituted therefor. See Wade v. State, 51 Ala.App. 441, 286 So.2d 317 (1973).
Trumaine Arrington was convicted of one count each of first-degree robbery, a violation of § 13A-8-41, Ala.Code 1975, and of attempted murder, a violation of § 13A-4-2 and § 13A-6-2, Ala.Code 1975. He was sentenced to 30 years' imprisonment for each conviction; the sentences were to run concurrently. He was ordered to pay a $50 assessment to the Alabama Crime Victims Compensation Commission.
Arrington raises three issues on appeal. However, based on this Court's opinion in the case of Arrington's codefendant, Antywan Develle Wilson, Wilson v. State, [Ms. CR-00-1003, April 26, 2002] ___So.2d ___(Ala.Crim.App.2002), whose trial was consolidated with Arrington's, we need address only one of his claims.
Arrington argues that the trial court erred in overruling his motion for a mistrial based on the State's failure to produce allegedly exculpatory evidence, in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). Specifically, Arrington contends that the prosecution withheld the statements of three witnesses, which were given to Detective Cory Hardiman, evidence that would have been favorable to his defense had it been disclosed and that, he says, would have changed the outcome of his trial. He further contends that he was prejudiced by being unable to investigate and prepare evidence to rebut the content of the statements of those witnesses, because of the State's failure to disclose Detective Hardiman's notes regarding the interviews of the three witnesses. Based on our decision in Wilson v. State, we agree. As we noted in Wilson:
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Ex Parte James Allen Harrison
...conviction and sentence were affirmed on direct appeal. See Harrison v. State, 869 So.2d 509 (Ala.Crim.App.2002), cert. denied, 869 So.2d 529 (Ala.2003) (note from reporter of decisions), cert. denied, Harrison v. Alabama, 540 U.S. 1113, 124 S.Ct. 1042, 157 L.Ed.2d 902 (2004). In July 2004,......
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Arrington v. State, CR-00-0995.
...allegedly exculpatory evidence, in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). Arrington v. State, 869 So.2d 529 (Ala. Crim.App.2002); Wilson v. State, Ms. CR-00-1003, April 26, 2002 ___ So.2d ___(Ala.Crim.App.2002). On June 13, 2003, the Alabama Supre......