Tabb v. State
Decision Date | 30 December 1988 |
Docket Number | 6 Div. 257 |
Parties | Willie James TABB v. STATE. |
Court | Alabama Court of Criminal Appeals |
Curtis H. Austin, Columbus, Miss., for appellant.
Don Siegelman, Atty. Gen., and P. David Bjurberg and William D. Little, Asst. Attys. Gen., for appellee.
The appellant was found guilty of the capital offense of murder during a rape in the first degree. Following a separate sentencing hearing held pursuant to § 13A-5-46, Code of Alabama (1975), the jury unanimously recommended that the appellant be sentenced to death. A hearing was then held pursuant to § 13A-5-47, wherein the trial court found the existence of two aggravating circumstances, that the capital offense was committed by the defendant while he was under a sentence of imprisonment and that the defendant had previously been convicted of other felonies involving the use or threat of violence to the person. The court found the existence of no mitigating circumstances. Accordingly, the trial court sentenced the appellant to death, pursuant to § 13A-5-40(a)(3).
We adopt the trial court's findings of fact as an accurate account of this offense:
We have searched the record, pursuant to Rule 45A, Alabama Rules of Appellate Procedure, in order to determine whether any error has or probably has adversely affected the substantial rights of the appellant. During the presentation of the State's case, Ken Mays, an investigator for the Alabama Bureau of Investigation, testified concerning his participation in the investigation of this offense. He testified as to his role in the chain of custody of certain items of evidence and to his role in taking a statement from the appellant. His testimony established that the appellant was given his Miranda rights and that the statement was given voluntarily. He also read the statement to the jury.
Later in the trial, just prior to the State's resting its case, the State re-called Ken Mays. His second testimony was brief and concerned only another oral statement made to him by the appellant. The following transpired during that testimony:
There was no other evidence at trial that the appellant took drugs, nor were drugs involved in any way in the offense. Defense counsel failed to object to this testimony, and the propriety of this testimony was not raised in the briefs on appeal. However, pursuant to Rule 45A, Alabama Rules of Appellate Procedure, we find that this testimony constitutes plain error which "probably has adversely affected the substantial right of the appellant." We can find no purpose in the elicitation of this testimony, other than to show the bad character of the appellant. 1 This evidence was totally irrelevant and immaterial to the instant case and could have substantially prejudiced the...
To continue reading
Request your trial-
Ex parte Scott
...the night of the murder. Scott argues that this evidence was used solely to prove that he was of a bad character. See Tabb v. State, 553 So.2d 628 (Ala.Crim.App. 1988). In Tabb, the defendant's capital murder conviction was reversed because at trial the State offered evidence that the defen......
-
Kuenzel v. State
...So.2d 1093, 1097 (Ala.Cr.App.1989). See also Dockery v. State, 269 Ala. 564, 569, 114 So.2d 394, 398 (1959). The case of Tabb v. State, 553 So.2d 628 (Ala.Cr.App.1988), is factually The defendant argues that he was convicted and sentenced to death on the basis of irrelevant and inadmissible......
-
Horton v. State
...linked to drug use, and such money problems are relevant to motive’ " held to be "weak" and "unconvincing"); Tabb v. State, 553 So.2d 628, 630 (Ala.Crim.App.1988) (holding, on trial for capital murder, that evidence indicating that the accused was a drug addict and had moved to Alabama " ‘t......
-
Spradley v. State
...inference would have had an almost irreversible impact upon the minds of the jurors.”507 So.2d at 1357. Likewise, in Tabb v. State, 553 So.2d 628, 630 (Ala.Crim.App.1988), this Court found that plain error occurred when the State elicited testimony indicating that the defendant was a “drug ......