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852 So. 2d 821

Ex Parte Carroll

Supreme Court of Alabama

Decided April 20, 2001

Supreme Court of Alabama · decided 2001-04-20

Cited by 9 later decisions — most recently December 2011

9 state decisions

Key passage — most relied on by later courts

“"Given the jury's recommendation of life imprisonment without parole; the recommendation of the victim's family that the defendant be sentenced to life imprisonment without parole; the fact that the defendant was 17 years old when he committed the crime; and the circumstances of the crime (particularly that the defendant made no attempt to kill the witnesses to the crime), ... the sentence of death is excessive and disproportionate."”

quoted by 2 later decisions, including Ferguson v. State, 852 So. 2d 833 - Ex Parte Carroll

““Phillip Wayne Tomlin was convicted, for the fourth time, of the intentional murders of Bruñe and Moore, an offense made capital because two people were intentionally killed pursuant to one act or a series of acts. See § 13 — 11— 2(a)(10), Ala.Code 1975 (repealed). “The jury at Tomlin’s fourth trial was not asked to make a sentencing recommendation. Instead, the parties stipulated that the jury at Tomlin’s third trial, by a vote of 12-0, had recommended that Tomlin be sentenced to life imprisonment without the possibility of parole. After a sentencing hearing, the trial court overrode the jury’s recommendation and sentenced Tomlin to death.””

quoted by 1 later decision, including Ferguson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2001-04-20

View the full empirical analysis of this case →

¶1

¶2I concur to the extent the opinion and the judgment affirm the defendant's conviction. However, I dissent from that portion of the opinion and the judgment remanding with instructions regarding the sentence.

¶3As an appellate judge, I am required, under Ala. Code 1975, § 13A-5-53, to determine "Whether the [defendant's] sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant." Given the jury's recommendation of life imprisonment without parole; the recommendation of the victim's family that the defendant be sentenced to life imprisonment without parole; the fact that the defendant was 17 years old when he committed the crime; and the circumstances of the crime (particularly that the defendant made no attempt to kill the witnesses to the crime), I have determined that the sentence of death is excessive and disproportionate.

¶4I would reverse the judgment of the Court of Criminal Appeals insofar as it affirms the defendant's sentence of death. I would remand for the Court of Criminal Appeals to direct the trial court to sentence the defendant to life imprisonment without the possibility of parole. *829

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