(DOWNLOAD) "Ex Parte Darryl Travis Watkins Darryl" by Supreme Court of Alabama # Book PDF Kindle ePub Free
eBook details
- Title: Ex Parte Darryl Travis Watkins Darryl
- Author : Supreme Court of Alabama
- Release Date : January 29, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
HOUSTON, JUSTICE Darryl Travis Watkins was convicted of capital murder and was sentenced to death pursuant to § 13A-5-31(a)(2), Code 1975. He appealed to the Court of Criminal Appeals, which affirmed his conviction and sentence and later overruled his application for rehearing), Watkins v. State, [MS. 6 Div. 925, July 5, 1983] So. 2d (Ala. Cr. App. 1983). The defendant then petitioned this Court for a writ of certiorari, raising three issues for our review: 1) the constitutionality of the death penalty statute under which he was sentenced; 2) whether the deceased was a victim of the robbery; and 3) whether the state's failure to disclose allegedly exculpatory information violated his right to due process. This Court granted the writ. We affirmed the Court of Criminal Appeals' decision in reaffirming the constitutionality of the death penalty provision under which the defendant was convicted and further held that the deceased was a victim of the robbery within the meaning of § 13A-5-31(a)(2), Code 1975. However, we remanded the case with instructions to the Court of Criminal Appeals to remand it to the trial court in order to afford the defendant the opportunity to show, if he could, that the belated disclosure of allegedly exculpatory evidence substantially affected his right to a fair trial. Ex parte Watkins, [MS. 82-1190, February 3, 1984] So. 2d (Ala. 1984). The Court of Criminal Appeals remanded the case to the trial court, Watkins v. State, [MS. 6 Div. 925, September 24, 1984] So. 2d (Ala. Cr. App. 1984), which made findings of fact and concluded that the defendant's right to a fair trial had not been substantially affected. On return to remand, the Court of Criminal Appeals affirmed, Watkins v. State, [MS. 6 Div. 925, October 22, 1985) So. 2d (Ala. Cr. App. 1985), and later overruled the application for rehearing. The defendant again petitioned this Court for a writ of certiorari to review the judgment of the Court of Criminal Appeals and claimed in his petition, for the first time, that the trial court had erred in excluding from the venire a prospective juror who merely expressed strong disapproval of the death penalty. We granted the writ but remanded the case to the Court of Criminal Appeals for it to consider this issue prior to any further review in this Court. Ex parte Watkins, [MS. 85-441, March 28, 1986] So. 2d (Ala. 1986). After remand, the Court of Criminal Appeals held that the trial court did not err in excluding the juror from the venire. Watkins v. State, [MS. 6 Div. 925, October 14, 1986] So. 2d (Ala. Cr. App. 1986). The defendant again petitioned this Court for a writ of certiorari to review the judgment of the Court of Criminal Appeals and in his petition claimed, for the first time, that his constitutional rights had been violated because the state used its peremptory challenges to exclude prospective black jurors from the venire solely on account of their race. We granted the writ; however, this time we have elected to review not only the judgment of the Court of Criminal Appeals, but also the new issue which that court has not had the opportunity to address.
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