Horsley v. State
Decision Date | 13 February 1996 |
Docket Number | CR-95-839 |
Citation | 675 So.2d 908 |
Parties | Edward HORSLEY, Jr. v. STATE. |
Court | Alabama Court of Criminal Appeals |
George Kendall, Elaine Jones, Theodore Shaw and Song Richardson, New York City, Arthur Madden III, Mobile, and Stephen Wayne Hawkins, Washington, DC, for Appellant.
Jeff Sessions, Atty. Gen., Sandra J. Stewart and Andy S. Poole, Asst. Attys. Gen., for Appellee.
The appellant, Edward Horsley, Jr., appeals the trial court's denial of his petition for post-conviction relief filed pursuant to Rule 32, Ala.R.Crim.P.
In 1977, the appellant was convicted of murder made capital because the murder was committed during the course of a robbery. The appellant was sentenced to death by electrocution, and the state appellate courts affirmed the appellant's conviction. Horsley v. State, 374 So.2d 363 (Ala.Cr.App.1978), aff'd, 374 So.2d 375 (Ala.1979). The United States Supreme Court vacated this state's affirmance of the case and remanded the case for consideration in light of Beck v. Alabama, 447 U.S. 625, 100 S.Ct. 2382, 65 L.Ed.2d 392 (1980), which held that a sentence to death could not be upheld unless the jury was allowed to consider any applicable lesser included offenses. See Horsley v. Alabama, 448 U.S. 903, 100 S.Ct. 3043, 65 L.Ed.2d 1133 (1980). This court reversed appellant's conviction on the authority of Beck. See Horsley v. State, 409 So.2d 1347 (Ala.Cr.App.1981). The United States Supreme Court then vacated this court's reversal and remanded the case for consideration of its opinion in Hopper v. Evans, 456 U.S. 605, 102 S.Ct. 2049, 72 L.Ed.2d 367 (1982), which held that a new trial is not warranted under Beck when the accused's evidence negates instructions on a lesser offense. See Alabama v. Horsley, 457 U.S. 1114, 102 S.Ct. 2921, 73 L.Ed.2d 1326 (1982). The appellant's conviction was affirmed on remand and the United States Supreme Court denied certiorari review. Horsley v. State, 476 So.2d 623 (Ala.Cr.App.1983), aff'd, 476 So.2d 626 (Ala.1985), cert. denied, 475 U.S. 1031, 106 S.Ct. 1239, 89 L.Ed.2d 347 (1986).
In 1986, the appellant filed his first post-conviction petition attacking his conviction and sentence of death. That petition was denied. This court affirmed the trial court's denial of the petition, and both the Alabama Supreme Court and the United States Supreme Court denied certiorari review. Horsley v. State, 527 So.2d 1355 (Ala.Cr.App.1988), cert. denied, 489 U.S. 1059, 109 S.Ct. 1328, 103 L.Ed.2d 596 (1989).
The facts of this case were recited in depth by this court in Horsley v. State, 374 So.2d at 365, and read, in pertinent part, as follows:
The appellant contended in his current petition for postconviction relief that his equal protection rights were violated because blacks were purposefully excluded from jury service in Monroe County which, he contends, resulted in a violation of the United States Supreme Court's holding in Swain v. Alabama, 380 U.S. 202, 85 S.Ct. 824, 13 L.Ed.2d 759 (1965). Specifically, he contended that there was a pattern of systematic exclusion of blacks from jury service in Monroe County and that blacks were excluded from selection as grand jury forepersons. He also alleged in his petition that the prosecution violated the United States Supreme Court's holding in ...
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