EX PARTE BARKSDALE
Decision Date | 15 December 2000 |
Citation | 788 So.2d 915 |
Parties | Ex parte Tony BARKSDALE. (In re Tony Barksdale v. State of Alabama). |
Court | Alabama Supreme Court |
Mark Allen Treadwell III of Oliver & Sims, Dadeville, for petitioner.
Bill Pryor, atty. gen., and A. Vernon Barnett IV, asst. atty. gen., for respondent.
Prior report: Ala.Cr.App., 788 So.2d 898.
The petition for the writ of certiorari is denied. Our denial of the petition should not be taken as an approval of all the statements in the Court of Criminal Appeals' opinion. Horsley v. Horsley, 291 Ala. 782, 280 So.2d 155 (1973).
WRIT DENIED.
Barksdale v. State, 788 So.2d 898, 908 (Ala.Crim.App.2000). Likewise, the Court of Criminal Appeals, 788 So.2d at 907, cites Ex parte Kyzer, 399 So.2d 330, 334 (Ala. 1981), for the proposition that this aggravating circumstance applies only to murders that are "unnecessarily torturous." Inexplicably, however, describing the murder in the instant case in a way that meets neither criterion, the Court of Criminal Appeals concludes that the aggravating circumstance applies.
We also would do well to review the trial judge's charge on lesser included offenses. This case went to the jury on two charges in the indictment: robbery-murder and murder of a victim inside a vehicle. The trial judge addressed the lesser included offenses of the second charge in these words:
Barksdale, 788 So.2d at 906 (emphasis added). The Court of Criminal Appeals implies that this instruction tells the jurors...
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Jones v. State
... ... error is `particularly egregious' and if it `seriously affect[s] the fairness, integrity or public reputation of judicial proceedings.' See Ex parte Price, 725 So.2d 1063 (Ala.1998), cert. denied, 526 U.S. 1133, 119 S.Ct. 1809, 143 L.Ed.2d 1012 (1999); Burgess v. State, 723 So.2d 742 ... In Barksdale v. State, 788 So.2d 898 (Ala.Crim.App.), cert. denied, 788 So.2d 915 (Ala.2000), we addressed the application of this aggravating circumstance, ... ...