365 SO2D 1006 - Beck v. State

How this case has been cited

Cited by 16 later decisions (2 by the Supreme Court) — most recently June 1999

13 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1 *1007 James F. Hinton, Donald W. Stewart, Gadsden, for petitioner.

¶2William J. Baxley, Atty. Gen., and James F. Hampton, Asst. Atty. Gen., for the State, respondent.

¶3MADDOX, Justice.

¶4Petitioner Beck raises only one issue here:

"Whether the Alabama Court of Criminal Appeals erred in its finding that the Alabama Death Penalty Statute is not in violation of Article III, Section 43, Article V, Section 124 and Amendment 38, of the 1901 Constitution of Alabama."

¶5Petitioner raised the same issue in the Court of Criminal Appeals, 365 So.2d 985, and that court decided the issue adversely to him. We affirm.

¶6The sentencing procedure set out in Alabama's Death Penalty Statute is constitutional. Jacobs v. State,361 So.2d 640 (Ala.1978).

¶7Petitioner raised in the Court of Criminal Appeals other alleged errors which he contended constituted prejudicial error. He does not ask us, in his petition for certiorari, to review the holding of the Court of Criminal Appeals on those issues; therefore, we do not address them. Rule 39, ARAP.

¶8AFFIRMED.

¶9TORBERT, C. J., and BLOODWORTH, FAULKNER, ALMON, EMBRY and BEATTY, JJ., concur.

¶10JONES and SHORES, JJ., dissent.

¶11JONES and SHORES, Justices (dissenting).

¶12We adhere to the statements we expressed in Jacobs v. State,361 So.2d 640 (Ala.1978).