Woods v. State
Decision Date | 29 April 2016 |
Docket Number | CR–10–0695. |
Parties | Nathaniel WOODS. v. STATE of Alabama. |
Court | Alabama Supreme Court |
John L. Carroll (withdrew 09/15/2014) and LaJuana Davis, Birmingham, for appellant.
Luther Strange, atty. gen., and Stephanie E. Reiland and Lauren A. Simpson, asst. attys. gen., for appellee.
Nathaniel Woods, an inmate on death row at Holman Correctional Facility, appeals the Jefferson Circuit Court's summary dismissal of his petition for postconviction relief filed pursuant to Rule 32, Ala. R.Crim. P., attacking his capital-murder convictions and sentence of death.
In December 2005, Woods was convicted of four counts of capital murder for murdering Birmingham Police Officers Carlos Owen, Harley A. Chisholm III,* and Charles R. Bennett, while they were on duty, and for murdering the three officers pursuant to one scheme or course of conduct, violations of § 13A–5–40(a)(5) and 13A–5–40(a)(10), Ala.Code 1975.1 Woods was also convicted of attempting to murder Officer Michael Collins. The jury recommended, by a vote of 10 to 2, that Woods be sentenced to death for his capital-murder convictions. The circuit court followed the jury's recommendation and sentenced Woods to death. Woods was sentenced to life imprisonment for the attempted-murder conviction.2
On direct appeal, this Court initially remanded the case to the circuit court for that court to correct its sentencing order. See Woods v. State, 13 So.3d 1 (Ala.Crim.App.2007). On return to remand, we affirmed Woods's convictions and sentence of death. See Woods v. State, 13 So.3d at 41 ( ). Woods neither filed an application for rehearing in this Court or a petition for a writ of certiorari to the Alabama Supreme Court; therefore, this Court issued a certificate of judgment on January 9, 2008. See Rule 41(a), Ala. R.App. P.
In May 2008, this Court was notified that Woods had attempted to file an out-of-time appeal in the Alabama Supreme Court. On May 6, 2008, the Supreme Court notified Woods and this Court that it would not consider that motion until this Court had denied a motion to file an out-of-time application for rehearing. On May 9, 2008, more than five months after this Court affirmed Woods's convictions, Woods moved that this Court set aside the certificate of judgment issued in January 2008 and allow him to file an application for rehearing. The State opposed this motion. In October 2008, this Court denied Woods's motion. In August 2009, the Alabama Supreme Court denied Woods's motion for an out-of-time appeal to that court.
Meanwhile, in December 2008, Woods filed a petition for postconviction relief in the Jefferson Circuit Court and a request that the circuit court stay the proceedings until the Alabama Supreme Court issued a ruling on his request for an out-of-time appeal. The circuit court granted Woods's motion and stayed the Rule 32 proceedings. In December 2010, after the Supreme Court denied Woods's request for an out-of-time appeal, the circuit court issued an 80–page order dismissing Woods's Rule 32, Ala. R.Crim. P., petition. This appeal followed.
In its order sentencing Woods to death, the circuit court set out the following facts surrounding the triple homicide:
(Trial Record, C.R. 92–94.)3
In this Court's opinion on Woods's direct appeal, we detailed the overwhelming evidence that was presented against Woods to show that Woods was an accomplice to the shootings:
Woods appeals the circuit court's summary dismissal of his Rule 32 petition. According to Rule 32.3, Ala. R.Crim. P., "[t]he petitioner shall have the burden of pleading and proving by a preponderance of the evidence the facts necessary to entitle the petitioner to relief."
Rule 32.6(b), Ala. R.Crim. P., addresses the burden of pleading; in December 2010 it provided:
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