Talley v. State, CR-92-0860

• Decision Date: 27 September 1996
• Docket Number: CR-92-0860
• Citation: 687 So.2d 1261
• Parties: Angela Kaye TALLEY v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 1261

687 So.2d 1261

Angela Kaye TALLEY v. STATE.

CR-92-0860.

Court of Criminal Appeals of Alabama.

Sept. 27, 1996.

Rehearing Denied Nov. 22, 1996.

Jeffery D. Bramer, William J. Cole, and David S. Luker, Birmingham, for appellant.

Jeff Sessions, Atty. Gen., and Gregory O. Griffin, Sr., Asst. Atty. Gen., for appellee.

On Return to Remand

PATTERSON, Judge.

The appellant, Angela Kaye Talley, was indicted on September 18, 1990, in Walker County, for the capital offense of "murder done for a pecuniary or other valuable consideration or pursuant to a contract or for hire," see Ala.Code 1975, § 13A-5-40(a)(7). The indictment reads, in pertinent part, as follows:

"The Grand Jury ... charge that ... Angela Kaye Talley ... did intentionally cause the death of DONALD HOYT TALLEY, by shooting him with a shotgun, for a pecuniary or other valuable consideration, to-wit: proceeds from a Life Insurance policy on the life of DONALD HOYT TALLEY issued by State Farm Life Insurance Co., policy # LFO3919947, with a face value of $10,000.00, or proceeds from a Life Insurance policy on the life of DONALD HOYT TALLEY issued by Liberty National Life Insurance Co. (A Torchmark Co.), policy # A006283310, with a face value of $50,000.00, or proceeds from a Life Insurance policy on the life of DONALD HOYT TALLEY issued by Protective Life Insurance Co., Alabama Power group policy # G-D-1905-R, with a face value of $10,000.00, or proceeds from a Life Insurance policy issued by Metropolitan Life Insurance Co., on the life of DONALD HOYT TALLEY with a face value of $12,500.00 on basic coverage and a face value of $99,700.00 on optional coverage, both being on the life of the said DONALD HOYT TALLEY and being Alabama Power Co., group policy 27952-G, in violation of the Code of Alabama 1975, § 13A-5-40(a)(7)...."

At the arraignment, the appellant pleaded not guilty and not guilty by reason of mental disease or defect. Before trial, the appellant withdrew her plea of not guilty by reason of mental disease or defect. On February 4, 1993, a jury found the appellant guilty of the capital offense charged in the indictment. On the same date, the appellant with the advice of counsel, with the consent of the state, and with the approval of the court waived the participation of the jury in the sentence hearing and waived the sentencing hearing before the trial court as permitted in § 13A-5-46; and agreed to be sentenced immediately by the trial court without further hearing. Upon the state's recommendation, the trial court sentenced the appellant to life imprisonment without the possibility of parole. The record reflects that the requirements of §§ 13A-5-44(c) and 13A-5-46(a), in reference to the sentencing procedure, were met. The sentencing order of the trial court reads, in pertinent part, as follows:

"Now, on this 4th day of February, 1993, the defendant, Angela Kaye Talley, being in open Court accompanied by her attorneys, Hon. David Luker and Hon. Jeff Bramer, having been convicted by the jury in Case Number CC90-498. The jury having found the defendant guilty of capital murder as charged in the indictment. And the jury sentencing hearing and Court sentencing hearing having been waived by the [defendant], the State and the Defense with the consent of defendant and the defendant agreeing to be sentenced immediately, and upon recommendation by the State and the family of the deceased that she be sentenced to life without parole, the defendant, Angela Kaye Talley, being asked by the Court if she had anything to say as to why the judgment of the Court under the sentence of law should not be pronounced upon her said no.

"It is, therefore, ORDERED, ADJUDGED AND DECREED BY THE COURT that the defendant, Angela Kaye Talley, is guilty of the capital offense as charged in the indictment in accordance with the verdict of the jury in this case and it is the sentence of law that the said Angela Kaye Talley be sentenced to the penitentiary of the State of Alabama for life without parole."

The record shows that the appellant conspired with her boyfriend, Kendall Pinyan, to kill her husband, Donald Hoyt Talley. Her motive for engaging in the conspiracy was to be free of Talley so she could marry Pinyan and the fact that upon Talley's death she stood to receive approximately $200,000 in life insurance proceeds.

On the night of June 19, 1990, pursuant to an understanding between the appellant and Pinyan, she sent her husband to an isolated rural area of Walker County, ostensibly to help her brother, who she told her husband had had automobile trouble and had broken down. When Talley arrived at the place he had been directed to, Pinyan shot him in the chest with a load of buckshot from a 10-gauge shotgun, as Talley sat in his pickup truck, killing him instantly.

Pinyan was also indicted for the capital offense. Before trial, he entered into an agreement with the state pursuant to which he agreed, in return for testifying against the appellant, to plead guilty to murder and receive a sentence of life imprisonment. During the trial in this case, he was not called to testify by the state; however, he was called as a witness by the appellant. He refused to answer any questions put to him by the appellant, claiming his Fifth Amendment privilege not to incriminate himself.

The theory of the appellant's defense was that she conspired with Pinyan to kill her husband because he allegedly physically abused her over the years and not because she would receive insurance proceeds upon his death. Her counsel argued that if she was guilty of anything, it was murder--but not capital murder. The appellant presented Dr. Lenora E. Walker, a psychologist, as an expert witness who testified that, in her opinion, the appellant's reports of abuse were genuine and that she had been suffering from "battered spouse syndrome" for at least five years. The state presented Dr. Alice Brille, a psychologist, as an expert witness in rebuttal; Dr. Brille contradicted the testimony of the defense's expert, testifying that the appellant did not have the symptoms of battered spouse syndrome, but, on the contrary, participated in the killing of her husband because of money, anger at her husband, and love for Pinyan. The appellant testified and admitted conspiring with Pinyan to kill her husband. In fact, she admitted to committing the capital offense charged in the indictment. During cross-examination, she testified as follows:

"Q. [Prosecutor]: Did you conspire with Kendall Pinyan to have your husband killed?

"A. [Defendant]: Yes, I did.

"....

"Q. Your plans were to get with Kendall, get the kids, and live happily ever after, right?

"A. That's what I thought, yeah.

"Q. And, you were going to be able to do it because you would have about $200,000; wouldn't you? That's what you thought?

"A. That's what I thought, yes.

"Q. For the average Walker Countian, you would be on easy street?

"A. Yes."

The appellant does not question on appeal the sufficiency of the evidence to support her conviction for the capital offense charged, and, from our review of the record, we believe that the evidence of guilt of the capital crime is overwhelming.

On original submission, this case was remanded to the trial court on June 17, 1994, with instructions that it conduct an evidentiary hearing to determine whether the state exercised its peremptory strikes in such a manner as to discriminate against prospective jurors on the basis of gender. Talley v. State, 669 So.2d 1006 (Ala.Cr.App.1994). The trial court has complied with our instructions and has filed its return, which includes a record of the hearing. We will now address not only the issue pertaining to the state's exercise of its peremptory strikes, but the other issues the appellant raised in her brief to this court on original submission.

I.

The appellant contends that the trial court committed reversible error in finding that the state provided gender-neutral reasons for using all of its peremptory strikes to remove women from the jury venire. She argues that the reasons given by the prosecutor for using his peremptory strikes to remove women were pretextual, and that the strikes intentionally discriminated against women.

After the trial jury was selected, the appellant moved for a suppression hearing on the appellant's extrajudicial statements and for a Batson ¹ hearing on the prosecutor's striking of women from the venire. In making the Batson motion, the appellant advised the trial court of the pendency in the United States Supreme Court of the case of J.E.B. v. Alabama, 511 U.S. 127, 114 S.Ct. 1419, 128 L.Ed.2d 89 (1994), which raised the question whether Batson should be extended to the selection of jurors on the basis of gender. The trial court granted the appellant's motions and proceeded to hold the suppression hearing. Upon conclusion of the suppression hearing, the trial court denied the suppression motion, and without comment or objection from the parties, immediately proceeded to trial without holding a Batson hearing. The Batson hearing was not mentioned again during the trial. Since the trial, the United States Supreme Court handed down its decision in J.E.B. v. Alabama, holding that the Equal Protection Clause prohibits discrimination in jury selection on the basis of gender. This holding is retroactive as to all cases pending on direct appeal on the date J.E.B. was decided. Allen v. State, 659 So.2d 135 (Ala.Cr.App.1994). In extending Batson, the Court stated, "We hold that gender, like race, is an unconstitutional proxy for juror competence and impartiality." J.E.B. v. Alabama, 511 U.S. at 129, 114 S.Ct. at 1421.

When the denial of equal protection by the improper use of peremptory challenges is properly and timely alleged, the trial court must evaluate the claim by applying a three-step analysis.

"The trial court evaluates an objection to the use of peremptory challenges under the three-step analysis set forth in Batson....