Ex Parte Powell
Ex Parte Powell
Opinion
Eddie Duval Powell III was convicted of capital murder and was sentenced to death. The Court of Criminal Appeals affirmed his conviction and his sentence. Powell v. State,
Powell was indicted by a Tuscaloosa County grand jury on four counts of capital murder related to the shooting death of 70-year-old Mattie Wesson. Count I charged Powell with murder made capital because it was committed during the course of a burglary in the first or second degree or during an attempt thereof, a violation of Ala. Code 1975, §
A jury convicted Powell on each count. The trial court then conducted the penalty phase of Powell's trial, in accordance with Ala. Code 1975, §
Thereafter, the trial court conducted its own sentencing hearing, as required by Ala. Code 1975, §
This Court, on March 6, 2000, granted Powell's petition for a writ of certiorari to review the opinion of the Court of Criminal Appeals and to search the record for plain error, pursuant to Rule 39(k), Ala.R.App.P.1 In his brief to the Court of Criminal Appeals, Powell raised seven issues, several of which had subparts. The Court of Criminal Appeals thoroughly addressed and properly decided each of these issues. In his ceritorari petition to this Court, Powell raised an *Page 436
additional 34 issues, most of which have multiple subparts. Because these additional issues were not raised in the Court of Criminal Appeals, they are not subject to appellate review absent plain error. See Exparte Myers,
As required by Rule 39(k), Ala.R.App.P., we have meticulously searched the entire record for error, and we have found none, plain or otherwise.3 We conclude that Powell received a fair trial.
We have reviewed the opinion of the Court of Criminal Appeals and conclude that it adequately and properly reviewed Powell's conviction and sentence. The judgment of the Court of Criminal Appeals affirming Powell's conviction and his sentence of death is affirmed.
AFFIRMED.
Hooper, C.J., and Maddox, Houston, See, Lyons, Brown, and Johnstone, JJ., concur.
"The amendment removes the provision in the former Rule 39(c) that provided that a petition for a writ of certiorari to the Supreme Court in a case in which the death penalty was imposed would be granted as a matter of right. With this amendment, review of death-penalty cases will be at the discretion of the Supreme Court. The Supreme Court retains the authority to notice any plain error or defect in the proceedings under review in those cases."
"Court Comment to Amendment to Rule 39 effective May 19, 2000, as to death-penalty cases, etc.," Ala.R.App.P.
Reference
- Full Case Name
- Ex Parte Eddie Duval Powell III. (In Re: Eddie Duval Powell III v. State).
- Cited By
- 47 cases
- Status
- Published