Evans v. State
Decision Date | 25 July 1978 |
Citation | 361 So.2d 672 |
Parties | John Louis EVANS, III v. STATE of Alabama. 77-180. |
Court | Alabama Supreme Court |
Petitioner's motion for leave to file a second application for rehearing, and petitioner's request for a stay of execution are due to be, and each is hereby denied.
Even though we deny petitioner's motion for leave to file a second application for rehearing and his application for a stay of execution, we point out that we have examined the cases of Bell v. Ohio, --- U.S. ----, 98 S.Ct. 2977, 57 L.Ed.2d 1010 and Lockett v. Ohio, --- U.S. ----, 98 S.Ct. 2954, 57 L.Ed.2d 973, which petitioner contends are applicable to his case, and we conclude that those cases do not invalidate Alabama's sentencing scheme in death cases. Alabama's sentencing scheme specifically provides, in part:
" . . . In the hearing, Evidence may be presented as to any matter that the court deems relevant to sentence And shall include any matters relating to any of the aggravating or mitigating circumstances enumerated in sections 13-11-6 and 13-11-7. . . . " (Emphasis supplied) (§ 13-11-3, Code, 1975.)
Section 13-11-7, Code, 1975, provides:
It is readily apparent, therefore, that Alabama's sentencing scheme Broadly allows the accused to present evidence of mitigating circumstances, and does not contain the deficiencies the Supreme Court of the United States found were inherent in Ohio's scheme.
PETITIONER'S MOTION FOR LEAVE TO FILE A SECOND APPLICATION FOR REHEARING, AND PETITIONER'S REQUEST FOR A STAY OF EXECUTION ARE DUE TO BE, AND EACH IS HEREBY DENIED.
...
To continue reading
Request your trial-
Ritter v. State
...only by this Court, but by the Supreme Court of Alabama, In re Jerry Wayne Jacobs, Ala., 361 So.2d 640 (1978), and Ex parte John Louis Evans, III, Ala., 361 So.2d 672 (1978), we are of the opinion that other issues were intelligently and understandingly waived by Appellant Ritter, as well a......
-
Evans, Iii v. Alabama
...Court of Criminal Appeals, 361 So.2d 654 (1977), and the Alabama Supreme Court, 361 So.2d 666 (per curiam ), rehearing denied, 361 So.2d 672 (1978) (per curiam ). This Court denied a petition for certiorari. 440 U.S. 930, 99 S.Ct. 1267, 59 L.Ed.2d 486 In April 1979 applicant filed a petitio......