14 results for 'judge:"McCool"'.
J. McCool finds that the lower court properly convicted and sentenced defendant to death on multiple counts of capital murder. On appeal, defendant fails to show that his public-trial rights were violated. Also, he fails to show that a protection order was no longer in effect at the time of his wife’s death. Affirmed.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: May 3, 2024, Case #: CR-21-0044, Categories: Death Penalty, Murder
J. McCool finds that the lower court properly convicted defendant for attempted murder and discharging a firearm into an occupied automobile, but it improperly sentenced him on the firearm conviction. Because discharging a firearm into an occupied vehicle is a Class B felony, his sentence to life imprisonment without the possibility of parole on that conviction was unlawful. Accordingly, the matter is remanded for a new sentencing hearing. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: February 9, 2024, Case #: CR-2022-0934, Categories: Firearms, Murder, Sentencing
J. McCool finds that the lower court properly convicted and sentenced defendant for capital murder. Contrary to defendant's argument, his second trial did not violate double jeopardy principles. The evidence does not show that the state "intentionally provoked" defendant into moving for a mistrial during the first trial. Also, the court concludes that "Section 9 does not bar retrial of a defendant" under the circumstances. Affirmed.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: February 9, 2024, Case #: CR-21-0199, Categories: Criminal Procedure, Murder, Double Jeopardy
J. McCool grants the state's petition for a writ of mandamus, in which it challenges an order in the lower court granting a request for an extension to file a Rule 32 petition for postconviction relief in this capital murder case. The state argues, and the court agrees, that the judge lacked the authority under the Fair Justice Act "to grant a 270-day extension of time." Additionally, the state lacks "another adequate remedy."
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: January 5, 2024, Case #: CR-2023-0825, Categories: Criminal Procedure, Death Penalty
J. McCool finds that the lower court properly convicted defendant for aggravated stalking and violating a domestic violence order, but improperly sentenced him on the stalking convictions. There was no error in denying defendant's claims of ineffective assistance of counsel. However, the case must be remanded for a new sentencing hearing. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: December 15, 2023, Case #: CR-2022-1168, Categories: Sentencing, Domestic Violence
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J. McCool finds that this murder and kidnapping case must be remanded so that the lower court can issue an order "making specific findings of fact" as to defendant's juror-misconduct claim, which related to a juror's alleged relationship with a witness. Defendant's motion for new trial was denied by operation of law.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: December 15, 2023, Case #: CR-20-0751, Categories: Jury, Murder, Kidnapping
J. McCool finds that the lower court properly dismissed defendant's Rule 32 petition seeking post-conviction relief following his conviction for capital murder. He argues ineffective assistance of counsel in connection with "the presentation of a self-defense theory." However, he does not show that he was prejudiced by any allegedly deficient performance. Affirmed.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: August 18, 2023, Case #: CR-21-0148, Categories: Criminal Procedure, Murder, Self Defense
J. McCool finds on application for rehearing that the lower court properly dismissed defendant's Rule 32 petition challenging his conviction for capital murder. He argues the lower court erred "by adopting verbatim the State's proposed order," but the record does not show that it was "not the product of the court's independent judgment." Affirmed.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: August 18, 2023, Case #: CR-20-0537, Categories: Criminal Procedure, Murder
J. McCool finds that the lower court improperly dismissed the charges against defendant following a pretrial hearing. Defendant argued that the charges were a result of "predatory police practices" and that the traffic stop was illegal. However, the lower court was not authorized to dismiss the charges based on "a pretrial determination of credibility." Reversed.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: August 18, 2023, Case #: CR-2023-0061, Categories: Criminal Procedure
J. McCool finds that the lower court improperly denied by operation of law defendant's motion for a new trial, following his conviction for sexual abuse of a child less than 12 years old. Defendant is entitled to a hearing on his allegation that a witness said he heard the victim say the alleged incident "did not happen." Reversed.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: June 23, 2023, Case #: CR-2022-0651, Categories: Criminal Procedure, Sex Offender