Walker v. State
Citation | 194 So.3d 253 |
Decision Date | 06 February 2015 |
Docket Number | CR–11–0241. |
Parties | James Earl WALKER v. STATE of Alabama. |
Court | Alabama Court of Criminal Appeals |
Alabama Supreme Court 1141097.
Erin Marie Eckhoff, Chicago, Illinois (withdrew 4/14/2014); and David B. Pitofsky (withdrew 7/11/2013), Valerie A. Haggans, William J. Harrington, and Meghan K. Spillane, New York, New York, for appellant.
Luther Strange, atty. gen., and Thomas Govan, asst. atty. gen., for appellee.
, Judge.
James Earl Walker, an inmate on death row at Holman Correctional Facility, appeals the Houston Circuit Court's denial of his petition for postconviction relief filed pursuant to Rule 32, Ala. R.Crim. P.
In August 2003, Walker was convicted of murdering 87–year–old Bessie Lee Thweatt during the course of a burglary, an offense defined as capital by § 13A–5–40(a)(4), Ala.Code 1975
. The jury unanimously recommended that Walker be sentenced to death. The circuit court followed the jury's recommendation and sentenced Walker to death. On direct appeal, this Court initially remanded the case to the circuit court for that court to correct its sentencing order. See
Walker v. State, 932 So.2d 140 (Ala.Crim.App.2004). On return to remand, we affirmed Walker's conviction and sentence of death. See
Walker v. State, 932 So.2d at 160 ( ). The Alabama Supreme Court affirmed this Court's judgment. See Ex parte Walker, 972 So.2d 737 (Ala.2007)
. On May 21, 2007, this Court issued a certificate of judgment, thereby making our judgment as to Walker's direct appeal final. See Rule 41, Ala. R.App. P.
In May 2008, Walker filed a timely petition for postconviction relief. Walker filed amended petitions in July 2008 (C. 165), February 2009 (C. 752), December 2009 (C. 1326), and March 2010 (C. 1587). In December 2008 and June 2009, the circuit court summarily dismissed some of Walker's claims. In January 2010, an evidentiary hearing was held on the remaining claims. In August 2011, the circuit court issued a 34–page order denying Walker's postconviction petition. Walker filed a timely notice of appeal to this Court.
In its order denying Walker's postconviction petition, the circuit court set out the following facts surrounding the murder:
. Dr. Parades opined that the victim was alive during the blunt force trauma injuries and these injuries preceded the gunshot wound to the head. The gunshot wound caused the victim's death. Dr. Parades also testified that Mrs. Thweatt suffered pain.
(C. 2276–78.)
Standards of Review
; Waldrop v. State, 987 So.2d 1186 (Ala.Crim.App.2007) ; Hall v. State, 979 So.2d 125 (Ala.Crim.App.2007) ; Gaddy v. State, 952 So.2d 1149 (Ala.Crim.App.2006). ‘In addition, “[t]he procedural bars of Rule 32 apply with equal force to all cases, including those in which the death penalty has been imposed.” ’ Brownlee v. State, 666 So.2d 91, 93 (Ala.Crim.App.1995). When reviewing the circuit court's rulings on the claims raised in [Walker's] postconviction petition, we apply an abuse-of-discretion standard. Gaddy, 952 So.2d at 1154.”
Ray v. State, 80 So.3d 965, 971 (Ala.Crim.App.2011)
. “[W]hen the facts are undisputed and an appellate court is presented with pure questions of law, [this Court's] review in a Rule 32 proceeding is de novo.” Ex parte White, 792 So.2d 1097, 1098 (Ala.2001). “[T]his Court may affirm the judgment of the circuit court for any reason, even if not for the reason stated by the circuit court.” Acra v. State, 105 So.3d 460, 464 (Ala.Crim.App.2012).
Many of the claims raised by Walker concern allegations that his counsel's performance at his capital-murder trial was ineffective. Lopez v. State, 343 S.W.3d 137, 142 (Tex.Crim.App.2011)
. “A defense attorney is not ineffective solely because his client is sentenced to death.” Payne v. State, 791 So.2d 383, 405 (Ala.Crim.App.1999).
The United States Supreme Court in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984)
, held that to prevail on a claim of ineffective assistance of counsel a petitioner must establish: (1) that counsel's performance was deficient and (2) that the petitioner was prejudiced by the deficient performance.
(citations omitted).
“The purpose of ineffectiveness review is not to grade counsel's performance. See Strickland [v. Washington ], 104 S.Ct. [2052] at 2065
[ (1984) ]; see also White v. Singletary, 972 F.2d 1218, 1221 (11th Cir.1992) (). We recognize that ‘[r]epresentation is an art, and an act or omission that is unprofessional in one case may be sound or even brilliant in another.’ Strickland, 104 S.Ct. at...
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