Dobard v. State
| Decision Date | 14 August 1984 |
| Docket Number | 2 Div. 434 |
| Citation | 455 So.2d 281 |
| Parties | Percy Leo DOBARD v. STATE. |
| Court | Alabama Court of Criminal Appeals |
Ralph I. Knowles of Drake, Knowles & Pierce, Tuscaloosa and Barry E. Friedman, Washington, D.C., for appellant.
Charles A. Graddick, Atty. Gen., and Ed Carnes, Asst. Atty. Gen., for appellee.
Percy Leo Dobard, while fleeing from a robbery he committed on June 21, 1980, murdered Livingston police officer Wayne Suddeth in cold blood. Dobard was convicted of this crime and sentenced to death under Code of Alabama 1975, § 13A-5-31(a)(5), prohibiting and providing penalties for the murder of a police officer while on duty. In June 1982, this court affirmed his conviction and sentence in Dobard v. State, 435 So.2d 1338. In July of 1983 the Alabama Supreme Court affirmed in Ex Parte Dobard, 435 So.2d 1351 (Ala.1983). On January 9, 1984, the United States Supreme Court denied certiorari in Dobard v. Alabama, --- U.S. ----, 104 S.Ct. 745, 79 L.Ed.2d 203. On February 6, 1984, the Alabama Supreme Court set Dobard's execution as March 9, 1984, Ex parte Dobard, Ms. 81-999 (unpublished order). Dobard moved for a stay of execution or a rescheduling, claiming that he did not know about the scheduled date as soon as he would like to have known. The Supreme Court of Alabama then granted Dobard's motion and rescheduled his execution for April 6, 1984 (unpublished order). On March 8, Dobard petitioned for a writ of habeas corpus or in the alternative a writ of error coram nobis to the Circuit Court of Marengo County. An accompanying motion sought a further stay of execution. The state moved to dismiss this petition and the circuit court on March 21, 1984, entered an order dismissing the petition. The circuit court order stated that the petition was dismissed without an evidentiary hearing because the first eight claims "were or could have been raised at trial or on appeal," and the ninth claim was "without merit and [was] not adequate on its face."
Dobard then filed notice of appeal and another motion for a stay of execution. The circuit court denied the motion for stay of execution. Dobard then filed a petition in the Court of Criminal Appeals for a stay of execution. The Court of Criminal Appeals transferred that motion to the Alabama Supreme Court and it was orally argued there on March 28, 1984. On that same date the Alabama Supreme Court denied the requested stay. In its accompanying order, the Alabama Supreme Court stated:
Ex parte Dobard, 450 So.2d 479. (unpublished order)
The following day, Dobard filed his petition for writ of habeas corpus in the federal court. The United States...
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Coulter v. State, 8 Div. 408
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Cochran v. State, 6 Div. 726
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