Ex parte Siebert

Decision Date30 March 1990
Citation562 So.2d 600
PartiesEx parte Danial L. SIEBERT. (Re Danial L. Siebert v. State of Alabama). 89-269.
CourtAlabama Supreme Court

Petition for writ of Certiorari to the Court of Criminal Appeals (7 Div. 851). Appeal from the Circuit Court, Talladega County, No. CC-86-300.

William J. Willingham, Talladega, for petitioner.

Don Siegelman, Atty. Gen., and Mary Ellen Forehand and William D. Little, Asst. Attys. Gen., for respondent.

PER CURIAM.

We have carefully considered the petition for review of the opinion and judgment of the Court of Criminal Appeals affirming Danial L. Siebert's conviction of the capital murder of Linda Jarman and his sentence of death; additionally, we have made an independent and thorough review of the entire record of trial, including the bifurcated sentencing hearing. We find no error or defect in the proceedings that adversely affected the rights of the defendant. Therefore, the judgment of the Court of Criminal Appeals upholding Siebert's conviction and death sentence is due to be, and it hereby is, affirmed. For a full statement of the facts, the issues presented, and the disposition thereof by the Court of Criminal Appeals, see its opinion in Siebert v. State, 562 So.2d 586 (Ala.Crim.App.1989); see, also, Ex parte Siebert, 555 So.2d 780 (Ala.1989) (reviewing many of the same issues presented here and affirming Siebert's conviction and death sentence for the capital murders of Sherry Weathers and her two sons).

AFFIRMED.

HORNSBY, C.J., and MADDOX, JONES, ALMON, SHORES, ADAMS, HOUSTON, STEAGALL and KENNEDY, JJ., concur.

To continue reading

Request your trial
86 cases
  • Capote v. State
    • United States
    • Alabama Court of Criminal Appeals
    • January 10, 2020
    ... ... " When evidence is presented ore tenus to the trial court, the court's findings of fact based on that evidence are presumed to be correct, Ex parte Perkins , 646 So. 2d 46, 47 (Ala. 1994) ; [w]e indulge a presumption that the trial court properly ruled on the weight and probative force of the ... In addition, photographic evidence, if relevant, is admissible even if it has a tendency to inflame the minds of the jurors. Ex parte Siebert , 555 So. 2d 780, 784 (Ala. 1989). This court has held that autopsy photographs, although gruesome, are admissible to show the extent of a victim's ... ...
  • Arthur v. State
    • United States
    • Alabama Court of Criminal Appeals
    • March 8, 1996
    ... ... Page 1043 ... identity exception to the general exclusionary rule. Ex parte Arthur, 472 So.2d 665 (Ala.1985). The appellant was again convicted of capital murder and was sentenced to death by electrocution. However, this ... Ex parte Siebert, 555 So.2d 780 (Ala.1989) [cert. denied, 497 U.S. 1032, 110 S.Ct. 3297, 111 L.Ed.2d 806 (1990) ]. Moreover, photographs that depict the position and ... ...
  • Beckworth v. State
    • United States
    • Alabama Court of Criminal Appeals
    • August 26, 2005
    ... ... 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 ... denied, 510 U.S. 1030, 114 S.Ct. 650, 126 L.Ed.2d 607 (1993); McLeod v. State, 581 So.2d 1144 (Ala.Cr.App. 1990); Siebert v. State, 562 So.2d 586 (Ala.Cr.App.1989), aff'd, 562 So.2d 600 (Ala.), cert. denied, 498 U.S. 963, 111 S.Ct. 398, 112 L.Ed.2d 408 (1990); Stewart ... ...
  • Hodges v. State
    • United States
    • Alabama Court of Criminal Appeals
    • March 30, 2001
    ... ... CR-98-2316, December 1, 2000] ___ So.2d ___ (Ala.Crim.App.2000). We call the trial court's attention to Ex parte Kyzer, 399 So.2d 330 (Ala.1981) ...         By remanding this case for the trial court to make findings as to this issue, we do not wish ... that it would bias the verdict a juror would be required to render.'" Oryang v. State, 642 So.2d 979, 987 (Ala.Cr.App. 1993) (quoting Siebert v. State, 562 So.2d 586, 595 (Ala.Cr.App.1989) ).'" ...          Whitehead v. State, 777 So.2d 781, 808 (Ala.Crim.App.1999) (quoting Ex ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT