Powell v. State
Decision Date | 29 October 1999 |
Citation | 796 So.2d 404 |
Court | Alabama Court of Criminal Appeals |
Parties | Eddie Duval POWELL III v. STATE. |
John William Stahl, Tuscaloosa, for appellant.
Bill Pryor, atty. gen., and Jeremy W. Armstrong, asst. atty. gen., for appellee.
The appellant, Eddie Duvall Powell III, was convicted of four counts of capital murder: murder committed during the course of a burglary in the first degree, see § 13A-5-40(a)(4), Ala.Code 1975; murder committed during the course of a robbery in the first degree, see § 13A-5-40(a)(2), Ala.Code 1975; murder committed during a rape in the first degree, see § 13A-5-40(a)(3), Ala.Code 1975; and murder committed during sodomy in the first degree, see § 13A-5-40(a)(3), Ala. Code 1975. The jury, by a vote of 11-1, recommended that Powell be sentenced to death. The trial court imposed the death sentence recommended by the jury.
The record contains a summary of the facts and evidence presented, as found by the trial court. In pertinent part, the trial court's order states as follows:
(C. 661-63.)
Powell contends that the trial court erred in denying his motion to suppress his videotaped and audiotaped statements.
Maples v. State, 758 So.2d 1, 41 (Ala.Cr. App.1999).
Powell asserts that he should have been informed of his Miranda rights during his initial interview, pursuant to Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Specifically, he argues that the videotaped interview with Stan Bush, a homicide investigator for the Tuscaloosa Police Department, was a custodial interrogation.
Hooks v. State, 534 So.2d 329, 347-48 (Ala. Cr.App.1987). See State v. Smith, 715 So.2d 925 (Ala.Cr.App.1998).
In deciding whether the questioning of a suspect is a custodial interrogation, the following factors should be considered:
""
Hooks v. State, 534 So.2d at 348 (some citations omitted), quoting United States v. Wauneka, 770 F.2d 1434, 1438 (9th Cir. 1985). See also State v. Smith, 715 So.2d 925, 927 (Ala.Cr.App.1998). In Click v. State, 695 So.2d 209 (Ala.Cr. App.1996), this Court stated:
During the suppression hearing, Bush testified that he asked Cora Jennings, the victim's neighbor, to tell both Powell and Bobby Johnson to come to the police station and talk to him. Powell, Bobby Johnson, and Cora Jennings (Johnson's mother) lived across the street from the victim, and Bush believed Powell and Bobby Johnson had information about the murder. Additionally, Powell worked at O'Charley's restaurant and a matchbook from O'Charley's was found at the scene of the murder. Bush stated that Vincent Johnson, a friend of Powell's, drove Powell to the police station around 1:45 p.m. on March 25, 1995. According to Bush, he believed that Powell was a possible witness to the crime, and he began questioning Powell around 2:00 p.m.
Our review of the videotaped interview indicates that Bush began the interview around 2:00 p.m....
To continue reading
Request your trial-
Barber v. State
...merely one factor to be considered by the jury in determining the credibility and weight to afford the statement." Powell v. State, 796 So.2d 404, 416 (Ala.Crim.App. 1999), aff'd, 796 So.2d 434 Further, during the suppression hearing, the appellant went into great detail about events leadin......
-
State v. Smith (In re Smith)
...County. Again, the mere existence of news media coverage is insufficient to establish that fact. See, e.g., Powell v. State, 796 So.2d 404, 417 (Ala. Crim. App. 1999) (" ‘ " ‘[A] change of venue must be granted only when it can be shown that the pretrial publicity has so "pervasively satura......
-
Moody v. State
...it is clearly an abuse of discretion." Hayes v. State, 717 So.2d 30, 37 (Ala.Crim.App.1997) (citations omitted). See Powell v. State, 796 So.2d 404, 419 (Ala.Crim.App.1999), aff'd, 796 So.2d 434 (Ala.), cert. denied 534 U.S. 904, 122 S.Ct. 236, 151 L.Ed.2d 170 (2001); Miles v. State, 715 So......
-
Thomas v. State
...alternatively, as a "moreover," after finding that the evidence was admissible under an adequate chain of custody: Powell v. State, 796 So.2d 404 (Ala.Cr.App.1999); Jackson v. State, [Ms. CR-97-2050, May 28, 1999] ___ So.2d ___ (Ala.Cr.App.1999) (bullet); Loggins v. State, 771 So.2d 1070 (A......