Ex parte Hunt

Decision Date17 February 1995
Citation659 So.2d 960
PartiesEx parte Gregory HUNT. (Re Gregory Hunt v. State). 1931176.
CourtAlabama Supreme Court

Petition for writ of Certiorari to the Court of Criminal Appeals (CR-89-1407). Appeal from the Walker Circuit Court, No. CC-89-76, James C. Brotherton, Judge.

David Gespass and Richard Izzi of Gespass & Izzi, Birmingham, for petitioner.

James H. Evans, Asst. Atty., and Stephen N. Dodd, Asst. Atty. Gen., for respondent.

MADDOX, Justice.

We have thoroughly reviewed the record of the trial, the opinion of the Court of Criminal Appeals, 659 So.2d 933, the briefs, and the applicable law. We find no basis for reversing the judgment of the Court of Criminal Appeals.

Furthermore, in accord with § 13A-5-53, Ala.Code 1975, we have reviewed the sentence of death, independently weighing the aggravating and mitigating circumstances, and we do not find that the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor; nor do we find that the sentence of death was excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant.

We therefore affirm the judgment of the Court of Criminal Appeals, which affirmed the judgment of conviction and the sentence of death.

AFFIRMED.

HORNSBY, C.J., and SHORES, HOUSTON, KENNEDY, INGRAM and COOK, JJ., concur.

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  • McGowan v. State
    • United States
    • Alabama Court of Criminal Appeals
    • July 8, 2005
    ... ...         "In [ Ex parte] Moody, [684 So.2d 114 (Ala.1996),] the Alabama Supreme Court defined the standard by which a trial court must assess an indigent defendant's ...         " Galloway v. State, 484 So.2d 1199, 1201 (Ala.Cr.App.1986)." ...          Hunt v. State, 659 So.2d 933, 940-42 (Ala. Crim.App.1994) (holding that the following comments by the prosecutor were not error: that he felt that the ... ...
  • Roberts v. State
    • United States
    • Alabama Court of Criminal Appeals
    • May 23, 1997
    ...on the evidence and do not constitute improper arguments or plain error. Hunt v. State, 659 So.2d 933, 940-43 (Ala.Cr.App.1994), aff'd,659 So.2d 960 (Ala.),cert. denied, 516 U.S. 880, 116 S.Ct. 215, 133 L.Ed.2d 146 F Roberts's next allegation is that in his guilt phase closing argument, the......
  • Ex parte Scott
    • United States
    • Alabama Supreme Court
    • March 20, 1998
    ... ... Furthermore, the State argues, James Linder testified that he and Scott had taken drugs on the night of the crime. This evidence was relevant to show Scott's mental state at the time of the crime. We agree. See Hunt v. State, 659 So.2d 933, 940 (Ala.Crim.App.1994), aff'd, 659 So.2d 960 (Ala.1995) ; Brown v. State, 492 So.2d 661, 663-64 (Ala.Crim.App.1986) ...          XVI ...         We have reviewed the remaining issues raised by Scott regarding his conviction for capital murder, ... ...
  • McWhorter v. State
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    • Alabama Court of Criminal Appeals
    • August 27, 1999
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