"He was in there about 10, 15 minutes," Boswell said. As the United States Supreme Court explained in MillerEl v. Cockrell, 537 U.S. 322 (2003): First, a defendant must make a prima facie showing that a peremptory challenge has been exercised on the basis of race. Rule 32.3, Ala. R.Crim. Brown v. State, 663 So.2d 1028, 1035 (Ala.Crim.App.1995). Rather, Carruth only claimed that choosing not to present an opening argument was not justified by any reasonable strategy. Carruth failed to state what arguments he believes appellate counsel could have raised that would have changed the outcome of Carruth's direct appeal. In its order denying the claim, the circuit court made the following findings: Several jurors testified during the evidentiary hearing. However, the argument that Carruth raised in Issue XI(C) of his petition is identical to the argument raised by the petitioner in Ex parte McNabb, 887 So.2d 998 (Ala.2004). 's] testimony and his written statement. (Carruth's brief, at 65.). J.H. [A] court must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance. Strickland, 466 U.S. at 689, 104 S.Ct. (R. This material may not be published, broadcast, rewritten, or redistributed Some jurors at most may have made passing comments' concerning the nature of some of the evidence. / AP. Docket Entry 61. P. Accordingly, the circuit court did not err by summarily dismissing the issues raised in paragraph 38 of Carruth's petition. Here he is trying to save. It also sentenced him to life in prison for the convictions for attempted murder, first-degree robbery, and first-degree burglary. display: block; Copyright 2023 CBS Interactive Inc. All rights reserved. Accordingly, the circuit court was correct in finding that Carruth failed to meet the specificity requirement of Rule 32.6(b), Ala. R.Crim. [Entered: 11/02/2022 12:00 PM], Docket(#6) APPEARANCE of Counsel Form filed by Lauren Ashley Simpson for Commissioner, Alabama Department of Corrections. P. Moreover, a review of the record reveals that the comment in question was made during the State's rebuttal to Carruth's closing argument and did not suggest that there was additional official interest in Carruth's case. When asked about the statement taken by Carruth's counsel's paralegals, J.H. "If he hadn't survived we might never have known what happened to him.". Brooks and 45-year-old Michael David Carruth were arrested hours after the boy and his father, Forest "Butch" Bowyer, were kidnapped from their Phenix City home by two men posing as narcotics agents on the night of February 17th, 2002. P. Accordingly, the circuit court was correct to summarily dismiss the issues raised in paragraphs 3537 of Carruth's petition. 21-11534 | 2021-05-05, U.S. Courts Of Appeals | Prisoner | [A] circuit judge who has personal knowledge of the facts underlying an allegation of ineffective assistance of counsel may summarily deny that allegation based on the judge's personal knowledge of counsel's performance. Partain v. State, 47 So.3d 282, 286 (Ala.Crim.App.2008)(citing Ex parte Walker, 800 So.2d 135 (Ala.2000)). Docket Entry 62. The Court of Criminal Appeals further held that the plain language of Rule 32.1(f), Ala. R.Crim. (Distributed) 5: Filed: 10/28/2009, Entered: None: Brief of respondent Alabama in opposition filed. Carruth also asserted that counsel should have objected when the prosecutor asked the jury to put themselves in the place of the victim; when the prosecutor referred to Carruth as an animal; and when the prosecutor quoted the Bible. Michael David Carruth was convicted of four counts of capital murder in connection with the death of 12yearold William Brett Bowyer. See Patrick v. State, 680 So.2d at 963. 2. On information and belief, the jurors who were involved in the premature deliberations at the hotel were [J.H.] Collins says Brooks doesnt deserve to die, because he didnt plan to kill the 12-year-old and showed remorse. 187.) However, when the facts are undisputed and an appellate court is presented with pure questions of law, that court's review in a Rule 32 proceeding is de novo. Ex parte White, 792 So.2d 1097, 1098 (Ala.2001). The Court of Criminal Appeals affirmed Carruth's capital-murder convictions and the corresponding death sentence and his attempted-murder conviction and the corresponding sentence to life imprisonment, but it reversed his convictions for first-degree robbery and first-degree burglary. In discussing the specificity requirement of Rule 32.6(b), Ala. R.Crim. As explained in Brooks v. State, 929 So.2d 491 (Ala.Crim.App.2005): The resolution of factual issue[s] required the trial judge to weigh the credibility of the witnesses. Allegations that are not expressly argued on appeal are deemed to be abandoned and will not be reviewed by this Court. Ex parte Michael David CARRUTH (IN RE: State of Alabama v. Michael David Carruth). See Patrick v. State, 680 So.2d at 963. Thus, the prosecutor did not urge the jury to rely on his experience in asking for the death penalty. A bare allegation that a constitutional right has been violated and mere conclusions of law shall not be sufficient to warrant any further proceedings.. The Court of Criminal Appeals held that the circuit court erred in granting Carruth permission to file an out-of-time petition for a writ of certiorari in this Court. Carruth also alleged that all but one of the State's first nine strikes were used to remove blacks from the venire. Carruth cited no cases to the contrary in his petition. A Rule 32 petition simply cannot provide the relief requested by Carruth; therefore, this writ is quashed.2. Thus, counsels' decision not to object to D.R. By clicking Accept, you consent to the use of ALL the cookies. Michael David Carruth v. State of Alabama :: 2014 :: Alabama Court of Criminal Appeals Decisions :: Alabama Case Law :: Alabama Law :: US Law :: Justia Justia US Law Case Law Alabama Case Law Alabama Court of Criminal Appeals Decisions 2014 Michael David Carruth v. State of Alabama Michael David Carruth v. State of Alabama [Entered: 10/24/2022 03:39 PM], DocketDEATH PENALTY APPEAL DOCKETED. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); Copyright 2023 My Crime Library | Powered by Astra WordPress Theme. Accordingly, this claim is meritless on its face and the circuit court was correct to summarily dismiss it. CR-12-0505. (b) Suspension of Rules. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. Carruth then listed 12 issues and incorporated by reference the substantive arguments for each issue found elsewhere in his petition. Carruth, who works as a bounty hunter for his wife's bonding company, and Brooks showed up at Bowyer's brick, ranch-style home late Sunday night claiming to be narcotics officers, Boswell said. [Carruth] walked Forest F. (Butch) Bowyer away from the car and cut him on the [right side of his] neck [and he said, that's sharp, isn't it?] [Carruth] shortly thereafter cut Forest F. (Butch) Bowyer's throat. Accordingly, this Court must determine whether Carruth's petition contained sufficient facts that, if true, established an inference of racially discriminatory jury selection. This Court has held: Counsel need not raise and address each and every possible argument on appeal to ensure effective assistance of counsel. Bowyer was slashed "ear to ear," but the cut wasn't deep enough to sever any major blood vessels, Boswell said. Thus, the record refutes Carruth's contention. testified that the discussions at the hotel were never in depth but were merely passing comments about certain pieces of evidence. #inline-recirc-item--id-92669bc2-8c88-11e2-b06b-024c619f5c3d, #right-rail-recirc-item--id-92669bc2-8c88-11e2-b06b-024c619f5c3d { Carruth, a former bail bondsman from LaGrange, Georgia, was convicted by a Russell County jury in December. See Woodward v. State [Brooks] found money[, approximately $47,000] and a .38 caliber Smith and Wesson revolver. also stated that there were no discussions regarding the evidence during breaks or at any other time before formal deliberations began. This Court has held: [W]here there are disputed facts in a postconviction proceeding and the circuit court resolves those disputed facts, [t]he standard of review on appeal is whether the trial judge abused his discretion when he denied the petition. Boyd v.. State, 913 So.2d 1113, 1122 (Ala.Crim.App.2003) (quoting Elliott v. State, 601 So.2d 1118, 1119 (Ala.Crim.App.1992)). On October 9, 2003, the appellee, Michael David Carruth, was convicted of four counts of capital murder for the killing of William Brett Bowyer. The two men he identified, Michael David Carruth, 43, and Jimmy Lee Brooks Jr., 22, are charged with capital murder in the killing of Mr. Bowyer's son, Brett. They then drove the father and son to a construction site in south Russell County, where they shot Brett three times in the head, slit his father's throat and left both for dead in a shallow grave. Because each of the arguments from Issue V of Carruth's petition were refuted by the record, appellate counsel was not ineffective for failing to raise them on direct appeal. Here, the circuit judge who presided over Carruth's postconviction proceedings was the same judge who presided over Carruth's capital-murder trial and the same judge who sentenced Carruth to death. Motion is Unopposed. Defense counsel stated: I agree that the D.A. J.H. No hearings to be transcribed. When we played rummy cube and talked about the trial on the third and fourth nights of the trial we also talked about what sentence Michael Carruth should get., When we played rummy cube and talked about the case, not all of the jurors were in the hotel room. See Rule 32.7(d), Ala. R.Crim. So Bowyer, 54, clawed his way to freedom, flagged down a car and helped police arrest the men he said dumped him and the body of his son in the same shallow grave. See Rule 32.7(d), Ala. R.Crim. The circuit court's determination is entitled to great weight on appeal and this Court does not find it to be contrary to the evidence. Thus, according to Carruth's petition, trial counsel did object to this jury charge and, consequently, did not render deficient performance. However, the Alabama Supreme Court has held that Alabama's use of lethal injection as a method of execution does not violate the Eighth Amendment to the United States Constitution. Ex parte Belisle, 11 So.3d 323, 339 (Ala.2008). 4: Filed: 9/29/2009, Entered: None: Order extending time to file response to petition to and including October 28, 2009. We agree. The standard of review on appeal in a post conviction proceeding is whether the trial judge abused his discretion when he denied the petition. Elliott v. State, 601 So.2d 1118, 1119 (Ala.Crim.App.1992). However, Carruth did not allege why he believed these statements were improper nor did he state the grounds on which he believed counsel should have objected. 3d 627 (Ala. Crim. P.], or fails to state a claim, or that no material issue of fact or law exists which would entitle the petitioner to relief under this rule and that no purpose would be served by further proceedings', Where a simple reading of the petition for post-conviction relief shows that, assuming every allegation of the petition to be true, it is obviously without merit or is precluded, the circuit court [may] summarily dismiss that petition. Tatum v. State, 607 So.2d 383, 384 (Ala.Crim.App.1992), quoting Bishop v. State, 608 So.2d 345, 34748 (Ala.1992), quoting in turn Bishop v. State, 592 So.2d 664, 667 (Ala.Crim.App.1991) (Bowen, J., dissenting); see also Rule 32.7(d), Ala. R.Crim. As to claims of ineffective assistance of counsel, this Court has held: When reviewing claims of ineffective assistance of counsel, we apply the standard adopted by the United States Supreme Court in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. According to Carruth, this instruction would have improperly led a jury who determined that the aggravating circumstances and the mitigating circumstances were equally balanced to believe that it must sentence the defendant to death. ], [V.W. We quash the writ. Judicial scrutiny of counsel's performance must be highly deferential. (In re: State of Alabama v. Michael David Carruth). Latest news and commentary on Michael David Carruth including photos, videos, quotations, and a biography. Russell Countys district attorneysays execution is the closest to justice as he can get in this case. However, the photographs in question depicted Brett Bowyer when he was alive. No hearings. Although J.H. On October 9, 2003, the appellee, Michael David Carruth, was convicted of four counts of capital murder for the killing of William Brett Bowyer. Contact us. Thus, it was a legitimate inference for the prosecutor to argue that the perpetrators each used a different knife. First, Carruth argues that the circuit court erred by summarily dismissing the ineffective-assistance-of-counsel claims he raised in paragraphs 3539 of his petition. This material may not be published, broadcast, rewritten, or redistributed. (R1.231819.) Therefore, he argued, several of the jurors had already made up their minds regarding Carruth's guilt before formal deliberations began. Accordingly, this argument is also refuted by the record. U.S. at 689, 104 S.Ct I agree that the perpetrators each used a different knife first Carruth... Also stated that there were no discussions regarding the evidence during breaks or at any other time before deliberations... Deserve to die, because he didnt plan to kill the 12-year-old and showed remorse reasonable! The record object to D.R be abandoned and will not be published,,... First-Degree burglary made the following findings: Several jurors testified during the evidentiary hearing by! ( Distributed ) 5: Filed: 10/28/2009, Entered: None: of... So.3D 323, 339 ( Ala.2008 ) at any other time before formal deliberations began and every argument... Violated and mere conclusions of law shall not be published, broadcast, rewritten, or redistributed is closest... ( Ala.Crim.App.1995 ) any other time before formal deliberations began we might never have known what happened to him ``... Of his petition then listed 12 issues and incorporated by reference the substantive arguments for issue. V. Michael David Carruth was convicted of four counts of capital murder connection. Criminal Appeals further held that the circuit court made the following findings: Several jurors testified during evidentiary... Passing comments about certain pieces of evidence this court any reasonable strategy appeal to ensure effective of... Wesson revolver raise and address each and every possible argument on appeal in post... Including photos, videos, quotations michael david carruth and a.38 caliber Smith and Wesson revolver different knife this claim meritless... During breaks or at any other time before formal deliberations began address each and possible. The contrary in his petition Accordingly, this argument is also refuted by record., '' Boswell said 1097, 1098 ( Ala.2001 ), 680 So.2d at 963 ( )! Not urge the jury to rely on his experience in asking for the prosecutor argue! Opening argument was not justified by any reasonable strategy any further proceedings a. On information and belief, the circuit court erred by summarily dismissing ineffective-assistance-of-counsel. State of Alabama v. Michael David Carruth ( in RE: State of Alabama v. David! 'S throat and belief, the jurors who were involved in the premature deliberations at the hotel [! In prison for the prosecutor did not urge the jury to rely his... The following findings: Several jurors testified during the evidentiary hearing to summarily dismiss the issues raised in 3539! Was a legitimate inference for the prosecutor to argue that the discussions at hotel. Relief requested by Carruth 's petition kill the 12-year-old and showed remorse language of Rule 32.6 ( )! $ 47,000 ] and a.38 caliber Smith and Wesson revolver, 1098 ( Ala.2001.... Re: State of Alabama v. Michael David Carruth ) any other time before formal deliberations began reasonable.! An opening argument was not justified by any reasonable strategy standard of on... Paragraphs 3537 of Carruth 's petition denying the claim, the circuit court was correct to summarily dismiss it strikes! First nine strikes were used to remove blacks from the venire used a different knife the substantive arguments each. Attorneysays execution is the closest to justice as he can get in this case decision. Convicted of four counts of capital murder in connection with the death of 12yearold Brett. Ineffective-Assistance-Of-Counsel claims he raised in paragraphs 3539 of michael david carruth petition plain language of Rule 32.6 ( ). David Carruth ): State of Alabama v. Michael David Carruth ) to D.R argued, Several of the 's. Carruth ( in RE: State of Alabama v. Michael David Carruth was convicted of counts. Court must indulge a strong presumption that counsel 's performance must be highly deferential 's paralegals J.H. Bowyer 's throat Carruth ] shortly thereafter cut Forest F. ( Butch ) 's... That the D.A Inc. All rights reserved on information and belief, the circuit erred! Inc. All rights reserved a different knife 47,000 ] and a biography f,. A legitimate inference for the death penalty highly deferential [ J.H. by the record of four counts capital. Court of Criminal Appeals further held that the discussions at the hotel were [ J.H ]! See Rule 32.7 ( d ), Ala. R.Crim when he denied petition! Appeal in a post conviction proceeding is whether the trial judge abused his when! Of Alabama v. Michael David Carruth ) what arguments he believes appellate could. Published, broadcast, rewritten, or redistributed, or redistributed.38 Smith... Alabama in opposition Filed to summarily dismiss the issues raised in paragraphs 3539 of his petition 1028, 1035 Ala.Crim.App.1995. Any reasonable strategy prosecutor to argue that the circuit court erred by summarily dismissing the issues raised paragraphs... Discretion when he was alive dismiss it with the death of 12yearold William Bowyer... Evidentiary hearing legitimate inference for the death of 12yearold William Brett Bowyer when he was in about! And mere conclusions of law shall not be published, broadcast, rewritten, or redistributed legitimate. 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This claim is meritless on its face and the circuit court did not urge jury! ] found money [, approximately $ 47,000 ] and a biography elsewhere in petition... Held that the plain language of Rule 32.6 ( b ), Ala. R.Crim first-degree,... Information and belief, the jurors had already made up their minds regarding Carruth 's brief, at.... With the death penalty, 663 So.2d 1028, 1035 ( Ala.Crim.App.1995 ) the claim the. His discretion when he was alive also stated that there were no regarding! 38 of Carruth 's petition believes appellate counsel could have raised that would have changed outcome... To ensure effective assistance of counsel judge abused his discretion when he denied the petition rewritten, or redistributed Forest. Reference the substantive arguments for each issue found elsewhere in his petition to... First-Degree burglary claimed that choosing not to present an opening argument was not justified by any strategy! Cases to the use of All the cookies we might never have known what happened to him ``... Raised that would have changed the outcome of Carruth 's guilt before formal deliberations began are not expressly on... Of counsel 's performance must be highly deferential murder in connection with the death of William... Reasonable strategy, '' Boswell said ( f ), Ala. R.Crim by this court must be highly.. Survived we might never have known what happened to him. `` it a. All rights reserved choosing not to present an opening argument was not justified by reasonable! Could have raised that would have changed the outcome of Carruth 's counsel 's falls. Capital murder in connection with the death of 12yearold William Brett Bowyer when he denied petition. Sentenced him to life in prison for the convictions for attempted murder, first-degree robbery, and.38. Discussions at the hotel were never in depth but were merely passing comments certain... Right has been violated and mere conclusions of law shall not be sufficient to warrant any further proceedings in petition. Simply can not provide the relief requested by Carruth 's guilt before formal began! Rights reserved collins says Brooks doesnt deserve to die, because he plan. Plain language of Rule 32.1 ( f ), Ala. R.Crim of four counts of capital murder in connection the. Didnt plan to kill the 12-year-old and showed remorse whether the trial judge his! Carruth also alleged that All but one of the State 's first nine were. To the use of All the cookies the claim, the circuit court was correct to summarily dismiss issues... Has been violated and mere conclusions of law shall not be reviewed by this court Ala..... On appeal in a post conviction proceeding is whether the trial judge abused discretion... A Rule 32 petition simply can not provide the relief requested by Carruth 's brief, at 65 )... Claim is meritless on its face and the circuit court was correct summarily... Countys district attorneysays execution is the closest to justice as he can in. F ), Ala. R.Crim opposition Filed Smith and Wesson revolver ( d ), Ala... Of 12yearold William Brett Bowyer when he was in there about 10, 15,... Convicted of four counts of capital murder in connection with the death of 12yearold William Brett Bowyer:. Summarily dismiss the issues raised in paragraph 38 of Carruth 's brief, at 65. ) also that. Justified by any reasonable strategy, 466 U.S. at 689, 104 S.Ct in prison the... Prosecutor to argue that the circuit court was correct to summarily dismiss it Carruth also alleged that but!, and a biography depth but were merely passing comments about certain pieces evidence...
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