Ex parte Burgess
| Court | Supreme Court of Alabama |
| Writing for the Court | ALMON, Justice. |
| Citation | 723 So.2d 770 |
| Decision Date | 28 August 1998 |
| Parties | Ex parte Alonzo Lydell BURGESS. (Re Alonzo Lydell Burgess v. State). |
723 So.2d 770
Ex parte Alonzo Lydell BURGESS.(Re Alonzo Lydell Burgess v. State)
1970146.
Supreme Court of Alabama.
August 28, 1998.
Rehearing Denied October 23, 1998.
Bill Pryor, atty. gen., and Michael B. Billingsley, asst. atty. gen., for respondent.
ALMON, Justice.
Alonzo Lydell Burgess petitioned for a writ of certiorari to the Court of Criminal Appeals, which had affirmed his conviction and death sentence on one count of murder made capital by his killing three people pursuant to one scheme or course of conduct. See Ala.Code 1975, § 13A-5-40(a)(10). This Court issued the writ of certiorari as a matter of right, pursuant to Ala.R.App.P. 39(c).
We have carefully reviewed all of the issues presented in the petition, the briefs, and oral argument. With one exception, all of the issues now raised by Burgess were addressed by the Court of Criminal Appeals. See Burgess v. State, 723 So.2d 742 (Ala. Crim.App.1997). The single issue not addressed by the Court of Criminal Appeals— whether the imposition of the death penalty constitutes cruel and unusual punishment— lacks merit. "The United States Supreme Court has held that the penalty of death, if constitutionally applied, does not constitute cruel and unusual punishment." Ex parte Harrell, 470 So.2d 1309, 1317 (Ala.1985), cert. denied, 474 U.S. 935, 106 S.Ct. 269, 88 L.Ed.2d 276 (1985) (citing Gregg v. Georgia, 428 U.S. 153, 96 S.Ct. 2909, 49 L.Ed.2d 859 (1976)).
In its opinion, the Court of Criminal Appeals stated that "no plain error occurs when the trial court instructs the jury in accordance with ... pattern jury instructions." 723 So.2d at 758. However, that statement is not entirely accurate, in light of Ex parte Wood, 715 So.2d 819 (Ala.1998), in which this Court held that following the pattern jury instructions does not necessarily foreclose error. Nonetheless, there is no cause for a reversal in this case, because the Court of Criminal Appeals did not base its affirmance of Burgess's conviction and sentence on the premise that reciting pattern instructions cannot give rise to error. We have read the circuit court's jury charge and do not find reversible error.
The Court of Criminal Appeals also addressed an apparent issue of first impression. In sentencing Burgess to death, the circuit court found, as an aggravating circumstance, that Burgess had committed the murders in this case while he was "under sentence of imprisonment," within the meaning of Ala.Code 1975, § 13A-5-49(1). The "sentence of imprisonment" that Burgess was under at the time of the murders was a two-year suspended sentence he had received for violating a...
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Sharifi v. State, CR-04-1185.
...cert. denied, 526 U.S. 1133, 119 S.Ct. 1809, 143 L.Ed.2d 1012 (1999); Burgess v. State, 723 So.2d 742 (Ala.Cr.App.1997), aff'd, 723 So.2d 770 (Ala.1998), cert. denied, 526 U.S. 1052, 119 S.Ct. 1360, 143 L.Ed.2d 521 (1999); Johnson v. State, 620 So.2d 679, 701 (Ala.Cr.App.1992), rev'd on oth......
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Lindsay v. State, CR-15-1061
...cert. denied, 526 U.S. 1133, 119 S.Ct. 1809, 143 L.Ed.2d 1012 (1999) ; Burgess v. State, 723 So.2d 742 (Ala. Crim. App. 1997), aff'd, 723 So.2d 770 (Ala. 1998), cert. denied, 526 U.S. 1052, 119 S.Ct. 1360, 143 L.Ed.2d 521 (1999) ; Johnson v. State, 620 So.2d 679, 701 (Ala. Crim. App. 1992),......
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Dotch v. State, No. CR-07-1913 (Ala. Crim. App. 4/2/2010), No. CR-07-1913.
...cert. denied, 526 U.S. 1133, 119 S.Ct. 1809, 143 L.Ed.2d 1012 (1999); Burgess v. State, 723 So. 2d 742 (Ala. Crim. App. 1997), aff'd, 723 So. 2d 770 (Ala. 1998), cert. denied, 526 U.S. 1052, 119 S.Ct. 1360, 143 L.Ed.2d 521 (1999); Johnson v. State, 620 So. 2d 679, 701 (Ala. Crim. App. 1992)......
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Frazier v. State
...to suggest that he is speaking on behalf of the victim's family." Burgess v. State, 723 So.2d 742, 754 (Ala. Cr.App.1997), aff'd, 723 So.2d 770 (Ala. 1998). See also George v. State, 717 So.2d 849 (Ala.Cr.App.1997), aff'd, 717 So.2d 858 (Ala.), cert. denied, 525 U.S. 1024, 119 S.Ct. 556, 14......
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Sharifi v. State, CR-04-1185.
...cert. denied, 526 U.S. 1133, 119 S.Ct. 1809, 143 L.Ed.2d 1012 (1999); Burgess v. State, 723 So.2d 742 (Ala.Cr.App.1997), aff'd, 723 So.2d 770 (Ala.1998), cert. denied, 526 U.S. 1052, 119 S.Ct. 1360, 143 L.Ed.2d 521 (1999); Johnson v. State, 620 So.2d 679, 701 (Ala.Cr.App.1992), rev'd on oth......
-
Lindsay v. State, CR-15-1061
...cert. denied, 526 U.S. 1133, 119 S.Ct. 1809, 143 L.Ed.2d 1012 (1999) ; Burgess v. State, 723 So.2d 742 (Ala. Crim. App. 1997), aff'd, 723 So.2d 770 (Ala. 1998), cert. denied, 526 U.S. 1052, 119 S.Ct. 1360, 143 L.Ed.2d 521 (1999) ; Johnson v. State, 620 So.2d 679, 701 (Ala. Crim. App. 1992),......
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Dotch v. State, No. CR-07-1913 (Ala. Crim. App. 4/2/2010), No. CR-07-1913.
...cert. denied, 526 U.S. 1133, 119 S.Ct. 1809, 143 L.Ed.2d 1012 (1999); Burgess v. State, 723 So. 2d 742 (Ala. Crim. App. 1997), aff'd, 723 So. 2d 770 (Ala. 1998), cert. denied, 526 U.S. 1052, 119 S.Ct. 1360, 143 L.Ed.2d 521 (1999); Johnson v. State, 620 So. 2d 679, 701 (Ala. Crim. App. 1992)......
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Frazier v. State
...to suggest that he is speaking on behalf of the victim's family." Burgess v. State, 723 So.2d 742, 754 (Ala. Cr.App.1997), aff'd, 723 So.2d 770 (Ala. 1998). See also George v. State, 717 So.2d 849 (Ala.Cr.App.1997), aff'd, 717 So.2d 858 (Ala.), cert. denied, 525 U.S. 1024, 119 S.Ct. 556, 14......