Dobyne v. State

• Decision Date: 30 June 2000
• Citation: 805 So.2d 733
• Parties: Willie C. DOBYNE v. STATE.
• Court: Alabama Court of Criminal Appeals

805 So.2d 733

Willie C. DOBYNE v. STATE.

CR-98-0030.

Court of Criminal Appeals of Alabama.

June 30, 2000.

Rehearing Denied August 25, 2000.

Patrick J. Keenan and Charlotta Norby, Atlanta, Georgia, for appellant.

Bill Pryor, atty. gen., and J. Clayton Crenshaw, asst. atty. gen., for appellee.

FRY, Judge.

Willie C. Dobyne appeals from the denial of his petition for postconviction relief filed pursuant to Rule 32, Ala.R.Crim.P, challenging his 1992 conviction for murder made capital because the murders occurred during the course of a robbery in the first degree. See § 13A-5-40(a)(2), Ala.Code 1975; Dobyne v. State, 672 So.2d 1319 (Ala.Cr.App.1994). After remanding the cause for the trial court to amend its order to reflect whether it had considered all the evidence offered in mitigation, this Court affirmed Dobyne's conviction and the sentence of death. Dobyne v. State, 672 So.2d 1353 (Ala.Cr.App.1994). The Alabama Supreme Court affirmed this Court's judgment, Ex parte Dobyne, 672 So.2d 1354 (Ala.1995), and the United States Supreme Court denied certiorari review, Dobyne v. Alabama, 517 U.S. 1169, 116 S.Ct. 1571, 134 L.Ed.2d 670 (1996).

On April 15, 1997, Dobyne filed a Rule 32 petition attacking his conviction and sentence. On November 21, 1997, Dobyne filed an amended petition. The circuit court permitted the parties to conduct broad discovery, including the taking of depositions from Dobyne's trial counsel. The circuit court held that many of the claims presented in Dobyne's petition were procedurally barred, but it conducted an evidentiary hearing on Dobyne's claim of juror misconduct. In a thorough 40-page order, issued on September 4, 1998, the circuit court denied all relief.

The essential facts of this case were recited by the Alabama Supreme Court in Ex parte Dobyne, supra:

"Linda Snipes and Leon Billingsley were both employees of the County Truck Stop outside Brent, Alabama. Early one morning in January 1991, Dobyne and his codefendant, Cleophus Dukes, went to the County Truck Stop. As they entered the truck stop, Dobyne shot Billingsley in the back with a shotgun, and Dukes shot Snipes in the upper chest and neck also with a shotgun. Both victims died as a result of their wounds. After the shootings, Dobyne and Dukes took Snipes's purse and the cash register, containing approximately $200. They disposed of the cash register and shotguns.

"In May 1991, Dobyne told his half-brother, Joshua Suttles, of his involvement in the shootings. In June 1991, Suttles told the sheriff about Dobyne's involvement in the shootings. Suttles agreed to be wired with a transmitter and to talk to Dobyne. After Suttles met and talked with him, Dobyne surrendered to the police."

672 So.2d at 1356.¹

Initially, we note that on direct appeal all issues were scrutinized, including those issues reviewable only under the "plain-error" doctrine. See 672 So.2d at 1354, 672 So.2d at 1359. We further note that even though this petition challenges a capital conviction and a death sentence, there is no plain-error review on an appeal from the denial of a Rule 32 petition. Pierce v. State, [Ms. CR-96-1668, Mar. 2, 1999] ___ So.2d ___ (Ala.Cr.App.1999).

"`When reviewing a trial court's ruling on a postconviction petition, this Court must determine whether the trial court abused its discretion. Jones v. State, 724 So.2d 75 (Ala.Cr.App.1998); Elliott v. State, 601 So.2d 1118 (Ala.Cr. App.1992).' Brown v. State, [Ms. CR-98-0343, October 11, 1999] ___ So.2d ___ (Ala.Cr.App.1999). Moreover, it is well settled that `[i]f the circuit judge has personal knowledge of the facts underlying the allegations in the [Rule 32] petition, he may deny the petition without further proceedings so long as he states the reasons for the denial in a written order.' Sheats v. State, 556 So.2d 1094, 1095 (Ala.Cr.App.1989)."

Payne v. State, 791 So.2d 383, 394 (Ala.Cr. App.2000). The judge in this Rule 32 proceeding, Judge Jack Meigs, also presided over Dobyne's trial. We recognize that Judge Meigs was in a much better position than is this Court to consider Dobyne's claims because of his personal knowledge of the facts surrounding Dobyne's allegations. Payne v. State, supra.

"`The court may properly dispose of those allegations [that are meritorious on their face] without an evidentiary hearing under one of two sets of circumstances. First, if it has before it "facts supporting the position of each party [that] are fully set out in ... supporting affidavits." Johnson v. State, 564 So.2d 1019, 1021 (Ala.Cr.App.1989) (relying on Temp. Rule 20.9(a), Ala.R.Cr.P., now Rule 32.9(a), which states, in part, that "the court in its discretion may take evidence by affidavits, written interrogatories, or depositions, in lieu of an evidentiary hearing"). Second, if the events that serve as the basis of the ... allegation were observed by the same judge who rules on the Rule 32 petition. Ex parte Hill, 591 So.2d 462, 463 (Ala. 1991) (wherein the court held that "a judge who presided over the trial or other proceeding and observed the conduct of the attorneys at the trial or other proceeding need not hold a hearing on the effectiveness of those attorneys based upon the conduct that he observed"). See also Benefield v. State, 583 So.2d 1370, 1370 (Ala.Cr.App.1991)

(wherein the court noted that meritorious allegations "warrant either an evidentiary hearing or an adequate explanation for their denial"). In the event that the circuit judge has personal knowledge of the actual facts underlying any of Harper's allegations, he may deny the allegations without further proceedings on those allegations so long as he states the specific reasons for the denial in his written order. See Sheats v. State, 556 So.2d 1094 (Ala.Cr.App. 1989).'"

Burton v. State, 728 So.2d 1142, 1145 (Ala. Cr.App.1997), quoting Harper v. State, 676 So.2d 949, 950 (Ala.Cr.App.1995).

In this case, the circuit court conducted an evidentiary hearing on the juror-misconduct claim and considered depositions as evidence in support of the other claims. The circuit court entered an extensive order explaining its findings. This procedure complies with Rule 32.9(a), Ala. R.Crim.P.

I.

Dobyne claims that he was "denied his right to a judicial determination of the facts and the law when the circuit court signed an order written by the state's lawyers without making a single change." (Dobyne's brief to this Court at p. 1.) Specifically, Dobyne argues that the circuit court's adoption of the order drafted by the state was error, because, he says, the findings in the order ignored evidence and made questionable credibility choices and the circuit court provided no independent analysis. We note that although Dobyne specifically challenges various credibility findings in the circuit court's order on the ground that the circuit court did not indicate that it had considered all the evidence available, Dobyne does not allege that any of the findings were based on incorrect facts or misinterpreted evidence.

"`While the practice of adopting the state's proposed findings and conclusions is subject to criticism, the general rule is that even when the court adopts proposed findings verbatim, the findings are those of the court and may be reversed only if clearly erroneous. Anderson v. City of Bessemer City, N.C., 470 U.S. 564, 105 S.Ct. 1504, 84 L.Ed.2d 518 (1985); Hubbard v. State, 584 So.2d 895 (Ala.Cr.App. 1991); Weeks v. State, 568 So.2d 864 (Ala.Cr.App.1989), cert. denied, , 111 S.Ct. 230, 112 L.Ed.2d 184 (1990); Morrison v. State, 551 So.2d 435 (Ala.Cr.App.), cert. denied, 495 U.S. 911, 110 S.Ct. 1938, 109 L.Ed.2d 301 (1990).'

"Bell v. State, 593 So.2d 123, 126 (Ala. Cr.App.1991), cert. denied, 593 So.2d 123 (Ala.), cert. denied, 504 U.S. 991, 112 S.Ct. 2981, 119 L.Ed.2d 599 (1992)."

Jones v. State, 753 So.2d 1174 (Ala.Cr.App. 1999).

We have reviewed the evidence presented to the circuit court, and we conclude that the record supports the majority of the findings in the circuit court's order. Mainly, the findings and conclusions of the circuit court, although initially drafted by the State, present a fair and accurate statement and analysis of the evidence presented to the circuit court. To the extent that this Court finds that the circuit court based its judgment on an incorrect reason, the law is well settled that unless we find that the circuit court abused its discretion we are not required to reverse the judgment.

"Although the circuit court stated incorrect reasons for its denial of the petition with respect to some of the claims, we are not required to reverse its judgment in this case. If the circuit court's ruling denying a post-conviction petition is correct for any reason, we will not reverse simply because the circuit court stated an incorrect reason for the denial. Sumlin v. State, 710 So.2d 941 (Ala.Cr. App.1998); Long v. State, 675 So.2d 532 (Ala.Cr.App.1996); Swicegood v. State, 646 So.2d 159 (Ala.Cr.App.1994); Roberts v. State, 516 So.2d 936 (Ala.Cr.App. 1987); Jenkins v. State, 516 So.2d 935 (Ala.Cr.App.1987)."

Pierce v. State, ___ So.2d at ___.

Moreover, as previously noted, the circuit judge who presided over this Rule 32 proceeding also presided over Dobyne's trial; the circuit judge was thoroughly familiar with the case. After reviewing the record in this case, we find that the circuit court's order denying Dobyne's postconviction relief represents the circuit court's independent judgment and its considered conclusions. Therefore, we conclude that the circuit court did not commit reversible error by adopting the order drafted by the state.

II.

In his petition, Dobyne presents numerous claims regarding the performance of his trial counsel, most alleging acts and omissions of his counsel during their preparation for trial and at trial, which, he says, violated his rights guaranteed by the laws and the Constitution of Alabama and by the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments...