Holladay v. State

Citation629 So.2d 673
Decision Date30 December 1992
Docket NumberCR-91-582
PartiesGlenn William HOLLADAY v. STATE.
CourtAlabama Court of Criminal Appeals

Oliver W. Loewy, Montgomery, for appellant.

James H. Evans, Atty. Gen., and Melissa Math, Asst. Atty. Gen., for appellee.

McMILLAN, Judge.

In June 1987, Glenn William Holladay, * the appellant, was convicted of murder made capital because two or more persons were murdered by one act or pursuant to one scheme or cause of conduct. § 13A-5-40(a)(10), Ala.Code 1975. The appellant killed three people--his former wife, Rebecca Ledbetter Holladay; her boyfriend, David Robinson; and Larry Thomas, Jr., a friend of Ms. Holladay's son. He was sentenced to death. He appealed this conviction and sentence, and this court affirmed. Holladay v. State, 549 So.2d 122 (Ala.Cr.App.1988). Thereafter, this court's judgment was affirmed on certiorari review by the Alabama Supreme Court. Ex parte Holladay, 549 So.2d 135 (Ala.1989). The United States Supreme Court then denied his petition for writ of certiorari. Holladay v. Alabama, 493 U.S. 1012, 110 S.Ct. 575, 107 L.Ed.2d 569 (1989).

On September 10, 1990, the appellant filed a petition, pursuant to Rule 20, A.R.Crim.P. Temp., for relief from his conviction and sentence. An evidentiary hearing was held on the petition, following which the trial judge, who had also presided over the appellant's trial, denied relief. In his order, the trial judge found that the majority of the claims were precluded from review, because the appellant failed to raise them at trial or on direct appeal. Rule 20.2(a)(3) and Rule 20.2(a)(5), A.R.Crim.P. Temp. The trial court addressed the merits of the appellant's ineffective assistance of counsel claims, determining that the appellant received effective assistance at trial and on appeal. In his petition, the appellant also argues that the trial court erred during his hearing on his Rule 20 petition by refusing him funds for experts to testify at the hearing, and by adopting the State's proposed findings of fact and conclusions of law.

I

The trial court found that 15 of the appellant's claims were procedurally barred, because they were not raised at trial. Although two claims were improperly included in this group, those claims were also in fact procedurally barred. Floyd v. State, 571 So.2d 1221, 1233 (Ala.Cr.App.1989), reversed on other grounds, 571 So.2d 1234 (Ala.1990). The trial court also properly found one claim to be procedurally barred because it was raised at trial, but not on appeal.

The issues set out by the trial court as procedurally barred, pursuant to Rule 20.2(a)(3) and Rule 20.2(a)(5), A.R.Crim.P. Temp., because they were not raised at trial or on appeal, were as follows:

"B. THE PREJUDICIAL SECURITY MEASURES TAKEN DURING MR. HOLLADAY' S TRIAL VIOLATED HIS RIGHTS UNDER THE SIXTH, EIGHTH, AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION AND ALABAMA LAW.

"C. AUDIENCE OUTBURSTS PREJUDICED MR. HOLLADAY' S JURY AND DENIED HIM HIS RIGHTS UNDER THE SIXTH, EIGHTH, AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION AND ALABAMA LAW.

"D. THE PROSECUTION'S PLAINLY IMPROPER CROSS-EXAMINATION OF MR. HOLLADAY DENIED MR. HOLLADAY A RELIABLE GUILT/INNOCENCE DETERMINATION AND THEREFORE VIOLATED HIS RIGHTS UNDER THE EIGHTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION.

"E. THE GUILT PHASE JURY'S CONSIDERATION OF MR. HOLLADAY' S PRIOR CRIMES UNRELATED TO THE CHARGED OFFENSE AS SUBSTANTIVE EVIDENCE OF HIS GUILT VIOLATED HIS RIGHTS UNDER THE EIGHTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION AND ALABAMA LAW.

"F. THE PROSECUTOR'S PLAINLY ERRONEOUS GUILT PHASE CLOSING ARGUMENT DENIED MR. HOLLADAY A RELIABLE GUILT/INNOCENCE DETERMINATION AND THEREFORE VIOLATED HIS RIGHTS UNDER THE EIGHTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION.

"G. THE TRIAL COURT DENIED MR. HOLLADAY HIS RIGHT TO TESTIFY THEREBY VIOLATING HIS SIXTH, EIGHTH, AND FOURTEENTH AMENDMENT RIGHTS AND ALABAMA LAW.

"H. MR. HOLLADAY' S DEATH SENTENCE WAS OBTAINED IN VIOLATION OF THE PRINCIPLES OF BOOTH v. MARYLAND AND THE EIGHTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION AND ALABAMA LAW.

"I. THE PROSECUTION'S PLAINLY ERRONEOUS PENALTY PHASE CLOSING ARGUMENT DENIED MR. HOLLADAY A RELIABLE SENTENCE AND THEREBY VIOLATED HIS RIGHTS UNDER THE SIXTH,

EIGHTH, AND FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ALABAMA LAW.

"J. THE TRIAL COURT RESTRICTED THE SENTENCING PHASE JURY'S CONSIDERATION OF EVIDENCE ADMITTED DURING THE PENALTY PHASE IN VIOLATION OF THE EIGHTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION AND ALABAMA LAW.

"K. THE TRIAL COURT'S PENALTY PHASE JURY INSTRUCTIONS VIOLATED MILLS v. MARYLAND AND THE EIGHTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION AND ALABAMA LAW.

"L. MR. HOLLADAY' S RIGHTS UNDER THE FIFTH, SIXTH, EIGHTH, AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION WERE DENIED BY THE STATE'S INTENTIONAL AND DISCRIMINATORY EXERCISE OF PEREMPTORY CHALLENGES.

"M. THE STATE'S FAILURE TO DISCLOSE TO MR. HOLLADAY EVIDENCE FAVORABLE TO HIM AND MATERIAL TO THE QUESTIONS OF HIS GUILT AND PUNISHMENT VIOLATED MR. HOLLODAY' S [SIC] RIGHTS UNDER THE FIFTH, EIGHTH, AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION AND ALABAMA LAW.

"N. THE TRIAL COURT'S INSTRUCTIONS IMPROPERLY LIMITED THE JURY'S CONSIDERATION OF STATUTORY MITIGATING CIRCUMSTANCES AND VIOLATED MR. HOLLADAY' S RIGHTS UNDER THE EIGHTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION AND ALABAMA LAW.

"O. MR. HOLLADAY'S CONVICTION IS BASED ON CLEAR PROSECUTORIAL MISCONDUCT AND VIOLATED MR. HOLLADAY'S RIGHTS UNDER THE SIXTH, EIGHTH, AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION AND ALABAMA LAW.

"P. DURING GUILT AND PENALTY PHASES, THE JURORS USED EXTRANEOUS INFORMATION IN ARRIVING AT THEIR VERDICT IN VIOLATION OF MR. HOLLADAY' S SIXTH, EIGHTH, AND FOURTEENTH AMENDMENT RIGHTS AND ALABAMA LAW."

The appellant's claim "G," that the trial court denied him of his right to testify, was raised at trial. However, it was never raised on appeal, and the trial court, in its order, subsequently held that this particular claim was barred from review "because it could have been raised on direct appeal," citing Rule 20.2(a)(5), A.R.Crim.P. Temp.

The appellant's claim "M," that the State failed to disclose exculpatory evidence, was properly precluded from review pursuant to Rule 20.6(b), A.R.Crim.P. Temp. 1 "A bare allegation that a constitutional right has been violated and mere conclusions of law shall not be sufficient to warrant any further proceedings." Rule 20.6(b). The appellant's claim specified no alleged evidence, nor did the appellant's brief in support of his petition. Further, although an evidentiary hearing was held pursuant to the appellant's petition, no specific allegations or proof as to any such exculpatory evidence was introduced. See Thompson v. State, 581 So.2d 1216, 1244 (Ala.Cr.App.1991), cert. denied, 502 U.S. 1030, 112 S.Ct. 868, 116 L.Ed.2d 774 (1992) (wherein, in a footnote, this court agreed with the trial court's holding that, because testimony at the hearing did not relate to an allegation of ineffectiveness raised by the petitioner, it could not constitute a basis for relief, because a petitioner "is not entitled to relief on any claim not pleaded with specificity. Temporary Rule 20.6(b), Alabama Rules of Criminal Procedure"). "We have previously held that a trial court's ruling will be affirmed if it was correct for any reason. E.g., Nicks v. State, 521 So.2d 1018 (Ala.Cr.App.1987), aff'd, 521 So.2d 1035 (Ala.), cert. denied, 487 U.S. 1241, 108 S.Ct. 2916, 101 L.Ed.2d 948 (1988)." Floyd v. State, 571 So.2d 1221, 1233 (Ala.Cr.App.1989), reversed on other grounds, 571 So.2d 1234 (Ala.1990) (this court held that, although the trial court found an issue precluded on the incorrect basis that it was contained in a successive petition, the issue was properly precluded because it was not raised at trial or on direct appeal).

The appellant's claim "P," that the jury used extraneous information in arriving at its verdict, was added pursuant to a motion to amend the petition. In making his motion to amend, the appellant cited no specific extraneous information used by the jurors. Thus this allegation would have properly been dismissed pursuant to Rule 20.6, A.R.Crim.P. Temp., as argued by the State in the motion to dismiss. There is no indication in the record by way of an order or excerpt from the case action summary to indicate that the appellant's motion to amend was granted. However, the appellant was allowed to elicit testimony from certain jurors that the panel prayed at various times during its deliberations, and that certain jurors read from the Bibles found in their hotel rooms. However, the evidence indicated that jurors read the Bibles because there was little else to do in the hotel rooms. Moreover, the evidence indicated that the prayers during the deliberations were strictly for support in arriving at a decision and for a proper decision. There was further testimony that the foreman of the jury was a minister; however, there is no indication that the appellant was unaware of this fact at trial. Moreover, on cross-examination, a jury member testified that he was first approached by defense counsel on this matter approximately a month or two before the hearing. This would have been three years after this court affirmed his conviction and sentence, and two years after the Alabama Supreme Court affirmed our judgment on certiorari review. There is nothing in the record to indicate that this matter could not have been raised on appeal.

All of the claims found by the trial court to be procedurally barred were precluded from review. "Claims which could have been raised at trial, by objection or motion, and then on direct appeal but...

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