Ex parte Coulter
Decision Date | 05 August 1983 |
Parties | Ex parte David Leroy COULTER. (Re David Leroy COULTER v. STATE of Alabama). 82-453. |
Court | Alabama Supreme Court |
Carl Stolsworth and William J. Underwood, Tuscumbia, for petitioner.
Charles A. Graddick, Atty. Gen., and Ed Carnes, Asst. Atty. Gen., for respondent.
David Leroy Coulter was sentenced to die for the intentional killing of one George Morris during the course of a robbery. Code 1975, § 13-11-2(a)(2). On appeal to the Court of Criminal Appeals, Coulter raised several issues which he claimed entitled him to either a new trial or to a new sentence hearing. The Court of Criminal Appeals, in a lengthy opinion, discussed each of Coulter's arguments, found no reversible error, and after independently determining that the sentence of death was appropriate for Coulter, affirmed his conviction and sentence.
Coulter filed a petition for this Court to review that decision, and in his petition, he raises the same issues he had previously presented to the Court of Criminal Appeals. In brief, he lists these issues:
The Court of Criminal Appeals addressed each of these issues in great detail in its opinion, Coulter v. State 438 So.2d 336 (Ala.Cr.App.1982), and cited ample authority in support of its resolution of those issues, and we see no need to address those same issues, because we think the Court of Criminal Appeals correctly decided them.
We do expand on that court's opinion regarding the petitioner's claim that a conviction of crimes which occurred after the capital offense was committed could not be used as proof of an aggravating circumstance. We cannot accept petitioner's argument. We agree with the Court of Criminal Appeals' determination that "the previously convicted language [in § 13-11-6(2) ] must refer to convictions received prior to the sentencing hearing."
In Zant v. Stephens, 462 U.S. 862, 103 S.Ct. 2733, 77 L.Ed.2d 235 (1983), the Supreme Court of the United States noted in footnote 6:
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People v. Kimble
... ... Page 171 ... the trial court, not for the jury." (Coulter v. State (Ala.App.1982) 438 So.2d 336, 346, italics added (affd. sub nom. Ex Parte Coulter, 438 So.2d 352).) ... Similarly, the ... ...
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Boggan v. State
...1111 (Ala.1982); Colley v. State, 436 So.2d 11 (Ala.Crim.App.1983); Coulter v. State, 438 So.2d 336 (Ala.Crim.App.1982), affirmed, 438 So.2d 352 (Ala.1983); Giles v. State, [Ms. 6 Div. 86, January 10, 1984], --- So.2d ---- (Ala.Crim.App.1984); Jackson v. State, [Ms. 6 Div. 794, January 10, ......
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Lynn v. State, 4 Div. 183
...1, 1981, effective date of the new Alabama Death Penalty Statute. Coulter v. State, 438 So.2d 336 (Ala.Crim.App.), aff'd, Ex parte Coulter, 438 So.2d 352 (Ala.1983); Edwards v. State, 452 So.2d 487 (Ala.Crim.App.1982), aff'd, 452 So.2d 508 (Ala.1984); Clisby v. State, 456 So.2d 86 (Ala.Crim......