Largin v. State

• Decision Date: 18 December 2015
• Docket Number: CR–09–0439.
• Citation: 233 So.3d 374
• Parties: James Scott LARGIN v. STATE of Alabama
• Court: Alabama Court of Criminal Appeals

233 So.3d 374

James Scott LARGIN

v.STATE of Alabama

CR–09–0439.

Court of Criminal Appeals of Alabama.

December 18, 2015.

Rehearing Denied September 2, 2016

Certiorari Denied April 21, 2017

Alabama Supreme Court 1151272

Charlotte Morrison and Randall S. Susskind, Montgomery; Benjamin Woodforde Maxymuk, Montgomery; and Ashley McDavid, Tuscaloosa (withdrew 05/01/2012), for appellant.

Luther Strange, atty. gen., and Stephanie E. Reiland, asst. atty. gen., for appellee.

WELCH, Judge.

James Scott Largin was convicted of two counts of capital murder in connection with the deaths of his parents, Jimmy Largin and Peggy Largin, because they were killed pursuant to one scheme or course of conduct, § 13A–5–40(a)(10), Ala.Code 1975, and during the course of a robbery, § 13A–5–40(a)(2), Ala.Code 1975. By a vote of 11 to 1, the jury recommended that Largin be sentenced to death. The trial court followed the jury's recommendation and sentenced Largin to death. The trial court found two aggravating circumstances: that the murders occurred while Largin was engaged in a robbery, § 13A–5–49(4), Ala.Code 1975, and that the murders were committed pursuant to one act or pursuant to one scheme or course of conduct, § 13A–5–49(9), Ala.Code 1975. The trial court found one statutory mitigating circumstance: that Largin did not have a significant criminal history, § 13A–5–49(1), Ala.Code 1975. The trial court found several nonstatutory mitigating circumstances: that Largin suffered from a narcissistic personality disorder; that Largin's upbringing was affected by his turbulent family history; that Largin suffered from alcohol- and substance-abuse problems; that Largin's education, military service, and work history were evidence of Largin's good character; and that Largin exhibited good behavior while he had been incarcerated. The trial court found that the aggravating circumstances outweighed the mitigating circumstances and sentenced Largin to death. This appeal follows. We affirm.

Facts

The evidence presented at trial tended to show the following. Peggy and Jimmy Largin were at home on the night of March 15, 2007, when they were shot multiple times with a .22 caliber rifle and their bodies were thrown down the stairs leading to the cellar in their home. Autopsy results showed that both victims died as the result of close-range gunshot wounds to the head.

Sheri Largin Lake, Largin's sister and Jimmy and Peggy's daughter, testified that she went to her parents' house sometime after 9:00 p.m. on March 15, 2007, and her parents and her brother were there. Largin had a history of drug and alcohol abuse, and he had recently been told to leave a residential treatment center for failing to follow the rules. Jimmy had picked Largin up from the treatment center and had brought him to the Largin residence. Largin had been living with his parents for approximately one week. Sheri testified that her mother had not wanted Largin to stay in the house because he previously had stolen money and property from them.

Sheri was unable to make telephone contact with her parents on March 16, 2007, which was unusual. She drove to their house that evening and found the house dark and the front door locked, which was also unusual. Sheri entered the house, called out to her parents, and walked to her mother's room, where she saw blood on the floor. She left the house and called emergency 911. The Largins had been in their bedrooms when they were shot with a .22 caliber rifle, and their bodies had been dragged through the house and thrown down the basement stairs. A mop with blood on the handle was found in the kitchen sink. Forensic analysis revealed that DNA on the mop handle was consistent with a mixture of Peggy's DNA and Largin's DNA. Officers observed swirl marks on the kitchen floor that indicated that someone had attempted to clean something up with a mop. Largin's fingerprints were found on several containers of cleaning products recovered near the kitchen sink.

Sheri testified that her brother was not at the house when she arrived that night and that her deceased sister's Trans Am automobile, which was kept on the Largins' property, was missing. Several items had been stolen from the house, including credit cards belonging to Jimmy and Peggy, a rifle, and Peggy's floral makeup bag in which she kept her set of keys and a substantial amount of cash.

Testimony further established that Largin drove the Trans Am to a friend's house between midnight and 1:00 a.m. on the night of the murders. Largin purchased crack cocaine several times during the next 24 hours and smoked it with some of his acquaintances. Those acquaintances testified that Largin drove the Trans Am on several outings during that time, that he was in possession of the floral pouch that was identified as belonging to Peggy, and that he seemed to have a large amount of money. When Largin ran out of cash to purchase drugs, he began using his parents' credit cards. Several purchases were verified by receipts and surveillance videos. Largin purchased some items from a Walmart discount store and traded them for more drugs.

Law-enforcement officers were notified of the issuance of a "BOLO"—be on the lookout—for the Trans Am. Officers located the car parked at an apartment complex. Soon after the car was located, Largin and a companion came out of one of the apartments and walked toward the car. They had intended to travel to another location to purchase more crack cocaine. Officers took Largin into custody.

Investigator Simon Miller had been a friend of Jimmy's for several years, and both he and Jimmy were members of the Church of Jesus Christ of Latter Day Saints. He also knew Peggy and had been introduced to Largin and Sheri. Miller had chatted with Largin on more than one occasion before the murders. Miller spoke with Largin at the police department after he was arrested, and Largin told Miller, "It wasn't murder ... not in a cold-blooded sense." (C. 836.) Largin further stated that he started to clean up the crime scene but then decided not to, and that he did not "try to hide it." (C. 838.)

Several inmates with whom Largin had been incarcerated testified that they heard Largin admit that he had killed his parents. Largin also said that his parents were where they were supposed to be and that, if it were necessary, he would do it again.

Standard of Review

Rule 45A, Ala. R.App. P., provides:

"In all cases in which the death penalty has been imposed, the Court of Criminal Appeals shall notice any plain error or defect in the proceedings under review, whether or not brought to the attention of the trial court, and take appropriate appellate action by reason thereof, whenever such error has or probably has adversely affected the substantial right of the appellant."

The standard of review for a claim of plain error is as follows:

" ‘The standard of review in reviewing a claim under the plain-error doctrine is stricter than the standard used in reviewing an issue that was properly raised in the trial court or on appeal. As the United States Supreme Court stated in United States v. Young, 470 U.S. 1, 105 S.Ct. 1038, 84 L.Ed.2d 1 (1985), the plain-error doctrine applies only if the 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).’ "

Ex parte Brown, 11 So.3d 933, 935–36 (Ala.2008) (quoting Hall v. State, 820 So.2d 113, 121–22 (Ala.Crim.App.1999) ). See also Towles v. State, 168 So.3d 133 (Ala.2014) (quoting Ex parte Brown ).

"In United States v. Young, 470 U.S. 1, 15, 105 S.Ct. 1038, 84 L.Ed.2d 1 (1985), the United States Supreme Court, construing the federal plain-error rule, stated:

" ‘The Rule authorizes the Courts of Appeals to correct only "particularly egregious errors," United States v. Fray, 456 U.S. 152, 163 (1982), those errors that "seriously affect the fairness, integrity or public reputation of judicial proceedings," United States v. Atkinson, 297 U.S. [157], at 160 [ (1936) ]. In other words, the plain-error exception to the contemporaneous-objection rule is to be "used sparingly, solely in those circumstances in which a miscarriage of justice would otherwise result." United States v. Fray, 456 U.S. at 163, n. 14.’ "

Ex parte Brown, 11 So.3d at 938.

I.

Largin first argues that the trial court erred when it refused to accept his negotiated best-interest guilty plea. Specifically, he argues that the trial court refused to take the plea based on its mistaken belief that the law required Largin's personal admission of guilt and an in-court allocution. Largin did not raise this issue in the trial court, so we review his claim only for plain error. See Rule 45A, Ala. R.App. P.

Largin's assertion that the trial court did not accept the plea due to its misapprehension of the law is not supported by the record.

Prior to trial, the trial court held a hearing at which Largin was expected to plead guilty to one count of capital murder and, in exchange for that plea, the State would dismiss the second count and would not seek the death penalty. However, at the outset of the hearing Largin stated repeatedly that he would not acknowledge his guilt or concede any issues and that he would enter only a "best-interest" plea. See North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970). The prosecutor stated he had understood that Largin was going to plead guilty and not that he would enter a best-interest plea. The prosecutor further stated that he would not go forward with a plea if Largin entered a best-interest plea. The trial court stated that, if there was no guilty plea based on the parties' plea agreement, it could not accept any plea. After the parties conferred off the record, the Court then said that it would proceed in order to determine whether there existed a factual basis for the plea and that it would not accept the plea if there was no factual basis.

The court...