EX PARTE BARKSDALE
| Court | Supreme Court of Alabama |
| Writing for the Court | HOOPER, C.J., and MADDOX, COOK, SEE, LYONS, BROWN, and ENGLAND, JJ., concur. |
| Citation | 788 So.2d 915 |
| Decision Date | 15 December 2000 |
| Parties | Ex parte Tony BARKSDALE. (In re Tony Barksdale v. State of Alabama). |
788 So.2d 915
Ex parte Tony BARKSDALE.(In re Tony Barksdale v. State of Alabama)
1992230.
Supreme Court of Alabama.
December 15, 2000.
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.
HOUSTON, Justice.
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.
HOOPER, C.J., and MADDOX, COOK, SEE, LYONS, BROWN, and ENGLAND, JJ., concur.
JOHNSTONE, J., dissents.
JOHNSTONE, Justice (dissenting).
I respectfully submit that we should grant certiorari review to determine whether the trial court erred and the Court of Criminal Appeals erred in finding and holding that the "cruel, heinous, or atrocious" aggravating circumstance, as defined by statute and caselaw, applied in this case. The evidence is that the defendant inflicted two nine-millimeter pistol shot wounds upon the victim within seconds of one another. While the Court of Criminal Appeals says that the victim suffered for four and a half hours, the evidence apparent from the opinion of the Court of Criminal Appeals, as well as from the defendant-petitioner's statement of facts, suggests that most of this time transpired after the defendant shot the victim, pushed her out of the car, and left the scene. Such a murder does not meet the criteria for the "cruel, heinous, or atrocious" aggravating circumstance. Even the Court of Criminal Appeals acknowledges that,
"to support this aggravating factor, the time between at least some of the injurious acts must be an appreciable lapse of time, sufficient enough to cause prolonged suffering, and the victim must be conscious or aware when at least some of the additional or repeated violence is inflicted. See Norris v. State, [Ms. CR-94-0871, March 26, 1999] ___ So.2d ___ (Ala.Crim.App.1999)." (Emphasis added.)
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Barksdale v. Dunn, CASE NO. 3:08-CV-327-WKW [WO]
...that she was going to die.23 She was correct.Page 8 Barksdale v. State, 788 So. 2d 898, 901-02 (Ala. Crim. App. 2000), cert. denied, 788 So. 2d 915 (Ala. 2000), cert. denied, 532 U.S. 1055 (2001) (Footnotes added).B. Indictment On February 9, 1996, a Tallapoosa County grand jury indicted Pe......
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Key v. State
...[Ms. CR-97-0179, Sept. 29, 2000] ___ So.2d ___ (Ala.Crim.App.2000); Barksdale v. State, 788 So.2d 898 (Ala.Crim.App.), cert. denied, 788 So.2d 915 (Ala.2000), cert. denied, 532 U.S. 1055, 121 S.Ct. 2200, 149 L.Ed.2d 1030 After carefully reviewing the record of the guilt phase and the senten......
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Martin v. State, CR-99-2249.
...in this Court's opinion these words lack meaning." (C. 127.) In Barksdale v. State, 788 So.2d 898 (Ala.Crim.App.), cert. denied, 788 So.2d 915 (Ala.2000), cert. denied, 532 U.S. 1055, 121 S.Ct. 2200, 149 L.Ed.2d 1030 (2001), we addressed the application of this aggravating circumstance......
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McNabb v. State
...denied, 474 U.S. 935, 106 S.Ct. 269, 88 L.Ed.2d 276 (1985). See also Barksdale v. State, 788 So.2d 898 (Ala.Crim.App.), cert. denied, 788 So.2d 915 (Ala.2000), cert. denied, 532 U.S. 1055, 121 S.Ct. 2200, 149 L.Ed.2d 1030 (2001); and Flowers v. State, 799 So.2d 966 (Ala.Crim.App.1999), cert......
-
Barksdale v. Dunn, CASE NO. 3:08-CV-327-WKW [WO]
...that she was going to die.23 She was correct.Page 8 Barksdale v. State, 788 So. 2d 898, 901-02 (Ala. Crim. App. 2000), cert. denied, 788 So. 2d 915 (Ala. 2000), cert. denied, 532 U.S. 1055 (2001) (Footnotes added).B. Indictment On February 9, 1996, a Tallapoosa County grand jury indicted Pe......
-
Key v. State
...[Ms. CR-97-0179, Sept. 29, 2000] ___ So.2d ___ (Ala.Crim.App.2000); Barksdale v. State, 788 So.2d 898 (Ala.Crim.App.), cert. denied, 788 So.2d 915 (Ala.2000), cert. denied, 532 U.S. 1055, 121 S.Ct. 2200, 149 L.Ed.2d 1030 After carefully reviewing the record of the guilt phase and the senten......
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Martin v. State, CR-99-2249.
...then in this Court's opinion these words lack meaning." (C. 127.) In Barksdale v. State, 788 So.2d 898 (Ala.Crim.App.), cert. denied, 788 So.2d 915 (Ala.2000), cert. denied, 532 U.S. 1055, 121 S.Ct. 2200, 149 L.Ed.2d 1030 (2001), we addressed the application of this aggravating circumstance......
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McNabb v. State
...denied, 474 U.S. 935, 106 S.Ct. 269, 88 L.Ed.2d 276 (1985). See also Barksdale v. State, 788 So.2d 898 (Ala.Crim.App.), cert. denied, 788 So.2d 915 (Ala.2000), cert. denied, 532 U.S. 1055, 121 S.Ct. 2200, 149 L.Ed.2d 1030 (2001); and Flowers v. State, 799 So.2d 966 (Ala.Crim.App.1999), cert......