Tomlin v. State5/31/2002
e sticker on the bag -- the flight number matched the flight number of the flight that had left New Orleans on January 2. Baker also recovered a sawed-off shotgun in the trunk of Daniels's car. Tomlin testified at his first trial. This testimony was read into evidence at Tomlin's fourth trial. Tomlin testified that he was in Houston at the time of the murders and that the Shankses had lied about his whereabouts because they did not like him.
The jury found Tomlin guilty of the double murder of Brune and Moore as charged in the indictment. On motion of the appellant, the parties stipulated to the jury's recommendation at the third trial -- 12 - 0 for life imprisonment without the possibility of parole. The trial court then held a sentencing hearing. Tomlin introduced numerous witnesses who testified about Tomlin's life since his incarceration. The witnesses included a prison guard on death row, a prison minister, and various friends and family members. Testimony was presented indicating that Tomlin was a model prisoner, that he had adapted well to life on death row, and that he was well liked by his fellow inmates and prison personnel. Tomlin's children also testified about the great impact that Tomlin had on their lives -- each said that they spoke to Tomlin weekly. The trial court heard all the testimony and orally sentenced Tomlin to death at the end of the hearing. The trial court issued no formal written sentencing order. This appeal, which is automatic in a case where the death penalty has been imposed, followed. See § 13-11-5, Ala. Code 1975 (superseded; now § 13A-5-55).
On motion of the State, we directed the trial court to enter a written sentencing order that detailed the facts of the crime and the aggravating circumstances and the mitigating circumstances that it deemed were present in the case. The trial court complied with our order and submitted a written sentencing order that complies with the court's statutory obligation.
Standard of Review
Tomlin has been sentenced to death. Pursuant to Rule 45A, Ala.R.App.P., which became effective on December 1, 1978, this Court is obliged to search the record for any plain error. Rule 45A, states:
"In all cases in which the death penalty has been imposed, the Court of Criminal Appeals shall notice any plain error or defect in the proceedings under review, whether or not brought to the attention of the trial court, and take appropriate appellate action by reason thereof, whenever such error has or probably has adversely affected the substantial right of the appellant."
As we stated recently in Dorsey v. State, [Ms. CR-97-1522, May 25, 2001] ___ So. 2d ___, ___ (Ala.Crim.App. 2001), quoting Hall v. State, [Ms. CR-94-0661, October 1, 1999] ___ So. 2d ___ (Ala.Crim.App. 1999), aff'd, [Ms. 1990373, June 1, 2001] ___ So. 2d ___ (Ala. 2001):
"'The standard of review in reviewing a claim under the plain-error doctrine is stricter than the standard used in reviewing an issue that was properly raised in the trial court or on appeal. As the United States Supreme Court stated in United States v. Young, 470 U.S. 1 (1985), the plain-error doctrine applies only if the error is "particularly egregious" and if it "seriously affects the fairness, integrity or public reputation of judicial proceedings." See Ex parte Price, 725 So. 2d 1063 (Ala. 1998), cert. denied, 526 U.S. 1133, 119 S.Ct. 1809, 143 L.Ed.2d 1012 (1999); Burgess v. State, 723 So. 2d 742 (Ala.Cr.App. 1997), aff'd, 723 So. 2d 770 (Ala. 1998), cert. denied, 526 U.S. 1052, 119 S.Ct. 1360, 143 L.Ed.2d 521 (1999); Johnson v. State, 620 So. 2d 679, 701 (Ala.Cr.App. 1992), rev'd on other grounds, 620 So. 2d 709 (Ala. 1993), on remand, 6
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Alabama DUI Attorneys
DUI Lawyers
|