Wynn v. State
Decision Date | 28 May 2021 |
Docket Number | CR-19-0589 |
Parties | Gregory Wynn v. State of Alabama |
Court | Alabama Court of Criminal Appeals |
Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter.
Appeal from Calhoun Circuit Court
(CC-98-934.80)
Gregory Wynn appeals his resentencing, pursuant to Miller v. Alabama, 567 U.S. 460 (2012), to life imprisonment without the possibility of parole for his capital-murder convictions.
In 1999, Wynn was convicted of two counts of murder made capital because the murder was committed during the course of a robbery, see § 13A-5-40(a)(2), Ala. Code 1975, and two counts of murder made capital because the murder was committed during the course of a burglary, see § 13A-5-40(a)(4), Ala. Code 1975, in connection with the murder of Denise Bliss. The jury unanimously recommended that Wynn be sentenced to death for his capital-murder convictions, and the trial court followed the jury's recommendation and sentenced Wynn to death. This Court remanded the cause for the trial court to vacate one of Wynn's convictions for capital murder during a robbery and one of his convictions for capital murder during a burglary on the ground that those convictions violated double-jeopardy principles and to correct errors in its sentencing order. On return to remand, this Court affirmed Wynn's convictions on the other two counts of capital murder and his sentence of death. Wynn v. State, 804 So. 2d 1122 (Ala. Crim. App. 2000).1
In 2003, Wynn filed a Rule 32, Ala. R. Crim. P., petition for postconviction relief. In 2005, while the petition was pending in the circuit court, the United States Supreme Court issued its opinion in Roper v. Simmons, 543 U.S. 551 (2005), holding unconstitutional a sentence of death imposed on individuals who were under 18 years old at the time of the capital offense. The circuit court resentenced Wynn, who was 17 years old at the time of the murder, to life imprisonment without the possibility of parole, which, at the time, was the only sentence other than death available for his capital-murder convictions. In 2012, the United States Supreme Court issued its opinion in Miller, supra, holding unconstitutional a mandatory sentence of life imprisonment without the possibility of parole for individuals who were under 18 years old at the time of the capital offense. Wynn's Rule 32 petition was still pending in the circuit court when Miller was issued, and he amended his petition to challenge the constitutionality of his sentence of life imprisonment without the possibility of parole. In 2015, the circuit court denied Wynn's Rule 32 petition, and Wynn appealed.
On appeal, this Court affirmed the circuit court's denial of the claims in Wynn's petition relating to the guilt phase of his capital trial, but we reversed the circuit court's denial of Wynn's challenge to his sentence of life imprisonment without the possibility of parole in light of the United States Supreme Court's opinion in Montgomery v. Louisiana, 577 U.S. 190 (2016), in which the Court held that the rule announced in Miller applied retroactively on collateral review, and we remanded the cause for the circuit court to vacate Wynn's sentence and to conduct a resentencing hearing. Wynn v. State, 246 So. 3d 163 (Ala. Crim. App. 2016). In doing so, we summarized the facts of the crime as follows:
Wynn, 246 So. 3d at 167-68 (footnote omitted). In addition, we note that Cledus Ferrell and Carlos McCallum testified that, the day after the murder, Wynn had composed rap-music lyrics about the killing, and Ferrell testified that Wynn indicated he wanted to get a tattoo of a teardrop to show that he had killed someone. Wynn's defense at trial was that someone else had murdered Bliss, specifically two black males who had been seen entering the Hardee's restaurant just before it closed the night of the murder.
In February 2020, the circuit court conducted a resentencing hearing in compliance with this Court's instructions, at which the State and Wynn presented a plethora of documentary and testimonial evidence. Among other things introduced into evidence were the record from Wynn's trialand some of the exhibits from the trial; the record from Wynn's Rule 32 proceedings; Wynn's records from the Alabama Department of Corrections ("DOC"); Wynn's juvenile criminal records; Wynn's school records; and two reports prepared by experts. In addition, 12 witnesses testified at the hearing, and the State presented victim-impact statements from Bliss's mother and Bliss's best friend.
The State's evidence indicated that, in the six months before the murder, Wynn had been charged with multiple criminal offenses, including disorderly conduct, harassment, menacing, theft of property, burglary, and carrying a pistol without a permit. He had completed an...
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