Clemons v. State, 8 Div. 369
Citation | 491 So.2d 1060 |
Decision Date | 25 March 1986 |
Docket Number | 8 Div. 369 |
Parties | Shirley Jean CLEMONS v. STATE. |
Court | Alabama Court of Criminal Appeals |
Donald Holt, of Holt, McKenzie, Holt & Musselman, and Michael F. Terry of Doggett & Terry, Florence, for appellant.
Charles A. Graddick, Atty. Gen., and Gerrilyn V. Grant, Asst. Atty. Gen., for appellee.
Shirley Jean Clemons was indicted for the murder of one, James E. Jones, in violation of § 13A-6-2, Code of Alabama 1975. The jury found the appellant "guilty of the lesser included offense of manslaughter." The trial judge sentenced her to twenty years' imprisonment as a habitual felony offender.
The facts of this case are not pertinent to the issues raised by the appellant and will not be discussed.
During the course of the trial, defense counsel, outside the presence of the jury, objected to the admission into evidence of a shotgun and a shotgun shell. These items were given to the police by the appellant soon after the shooting. The shotgun was the alleged murder weapon.
Defense counsel objected to the admission into evidence of these items on the ground that these had not been produced by the State pursuant to the appellant's motion for discovery.
The motion for discovery requests, in part:
During the hearing on defense counsel's objection, the trial judge stated:
(R. 43-44)
We agree with the trial judge that the State was not required to give the shotgun and the shell to the appellant. The appellant did not specifically request the production of these items and their production was not required by Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963) as these items are clearly not exculpatory. Furthermore, the actual production of these items would have created chain of custody complications for the State. The State's sole duty in this regard was to allow the appellant to inspect and analyze these items.
Defense counsel contends that the State had an affirmative duty to inform him that these items were in their possession and that he could inspect them.
We need not address this issue directly since defense counsel stated at the hearing that he "assumed" the State had the shotgun. Based on this "assumption", defense counsel should have asked to inspect these items prior to trial.
Even had we found that the State failed to comply with the order for discovery, these items still would have been admissible because, during the hearing, the State offered defense counsel and any experts the opportunity to inspect and examine the shotgun and the shell. See Rule 18.5(a), Alabama Temporary Rules of Criminal Procedure.
The admission of the shotgun and the shell into evidence was not error.
During the sentencing hearing, a certified copy of a minute entry showing the appellant's...
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