LIST OF DECISIONS ANNOUNCED BY
THE SUPREME COURT OF ALABAMA
ON FRIDAY, MARCH 5, 2010
Writ Denied. No Opinion.
Circuit Judge, J. William Cole, (205) 325-5290
Pet. Atty. General, Troy Robin King, (334) 242-7401
Pet. Atty., Kristi O Wilkerson, (334) 353-8563
Resp. Atty., Richard E. Sandefer, (205) 681-6323
1081544 Ex parte Phillip Wayne Tomlin.
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS
(In re: Phillip Wayne Tomlin v. State ofAlabama)
(Mobile Circuit Court: CC93-1494.60; Criminal Appeals : CR-08-0493).
TOMLIN v. State of Alabama).
Ex parte Phillip Wayne TOMLIN. (IN RE: Phillip Wayne Tomlin v. State of Alabama).
-- October 03, 2003
Bernard E. Harcourt, New York, New York, for petitioner.William H. Pryor, Jr., atty. gen., Nathan A. Forrester, deputy atty. gen., and Stephen Shows and James R. Houts, asst. attys. gen., for respondent.
On January 2, 1977, the bodies of Richard Brune and Cheryl Moore were found Both had died as the result of on an exit ramp from I-10 in MobileCounty. In 1999, Phillip Wayne Tomlin was convicted, for the multiple gunshot wounds. fourth time, of the intentional murders of Brune and Moore, an offense made capital because two people were intentionally killed pursuant to one act or a 13-11-2(a)(10), Ala.Code 1975 (repealed). See § series of acts.
The jury at Tomlin's fourth trial was not asked to make a sentencing Instead, the parties stipulated that the jury at Tomlin's recommendation. third trial, by a vote of 12-0, had recommended that Tomlin be sentenced to life After a sentencing hearing, imprisonment without the possibility of parole. the trial court overrode the jury's recommendation and sentenced Tomlin to death.
The Court of Criminal Appeals affirmed Tomlin's conviction and sentence. Tomlin v. State, 909 So.2d 213 (Ala.Crim.App.2002).1 Tomlin petitioned this Court for certiorari review, which was granted by an order limiting “[t]he scope of review The dispositive issue is whether the ․ to sentencing/penalty-phase issues.” decision of the Court of Criminal Appeals conflicts with this Court's decision in Ex parte Carroll, 852 So.2d 833 (Ala.2002).
2004 Ala. Crim. App. LEXIS 71,*;909 So. 2d 290
COURT OF CRIMINAL APPEALS OF ALABAMA
909 So. 2d 290; 2004 Ala. Crim. App. LEXIS 71
March 26, 2004, Released
Appeal after remand at Tomlin v. State, 2004 Ala. Crim. App. LEXIS 162 (Ala. Crim. App., Aug. 27, 2004)
Appeal from Mobile Circuit Court. (CC-93-1494.80).
Ex parte Tomlin, 909 So. 2d 283, 2003 Ala. LEXIS 301 (Ala., Oct. 3, 2003)
REMANDED WITH DIRECTIONS.
JUDGES: McMILLAN, Presiding Judge. Cobb, Baschab, Shaw, and Wise, JJ., concur.
OPINION BY: McMILLAN
On Remand from the Alabama Supreme Court
McMILLAN, Presiding Judge.
The appellant, Phillip Wayne Tomlin, was convicted for the 1977 murders of Ricky Brune and Cheryl Moore. Tomlin was tried three times, and each time he was convicted and sentenced to death. His convictions were subsequently reversed on direct appeal. See Ex parte Tomlin, 540 So. 2d 668 (Ala.1988); Tomlin v. State, 591 So. 2d 550 (Ala. Crim. App. 1991); and Tomlin v. State, 695 So. 2d 157 (Ala. Crim. App. 1996). In 1993, Tomlin was tried a fourth time and was convicted of capital murder and sentenced to death. We affirmed his conviction and death sentence. See Tomlin v. State, [Ms. CR-98-2126, May 31, 2002] 909 So. 2d 213, 2002 Ala. Crim. App. LEXIS 124 (Ala. Crim. App. 2002). Tomlin filed a certiorari petition in the Alabama Supreme Court. On October 3, 2003, the Alabama Supreme Court directed this Court to remand this case for [*2] the circuit court to set aside Tomlin's sentence of death and to sentence Tomlin to life imprisonment without the possibility of parole. See Ex parte Tomlin, [Ms. 1020375, October 3, 2003] 909 So. 2d 283, 2003 Ala. LEXIS 301 (Ala. 2003).
In compliance with the Supreme Court's directions in Ex parte Tomlin, this case is remanded to the Circuit Court for MobileCounty for that court to set aside Tomlin's death sentence and sentence him to life imprisonment without the possibility of parole. The circuit court is directed to file its return to remand with this Court no later than 42 days from the date of this opinion.
REMANDED WITH DIRECTIONS.
Cobb, Baschab, Shaw, and Wise, JJ., concur.
EX PARTE PHILLIP WAYNE TOMLIN PHILLIP
SUPREME COURT OF ALABAMA
Docket Number available at www.versuslaw.com
Citation Number available at www.versuslaw.com
June 5, 1987
EX PARTE: PHILLIP WAYNE TOMLIN;
RE: PHILLIP WAYNE TOMLIN v.STATE
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS.
Certiorari granted June 5, 1987;
Rehearing granted September 23, 1988
Richard G. Alexander of Alexander and Knizley for Petitioner.
Charles A. Graddick, Attorney General,
and Joseph G. L. Marston III, Asst. Atty. Gen. for Respondent.
Steagall, Justice; Maddox, Jones, Shores, Beatty, Adams, and Houston, JJ., concur.The opinion of the court was delivered by: Steagall
Phillip Wayne Tomlin was indicted and convicted of capital murder as defined in Ala. Code 1975, § 13-11-2(a)(7) and (10) (repealed 1981). *fn1 The jury fixed Tomlin's punishment at death. The Alabama Court of Criminal Appeals affirmed the conviction, but found certain defects in the sentencing order and remanded the case to the trial court with directions to correct the sentencing order. See Tomlin v. State, 443 So.2d 47 (Ala. Cr. App. 1979).
This Court affirmed the Court of Criminal Appeals; decision. See Ex parte Tomlin, 443 So.2d 59 (Ala. 1983), cert. denied, 466 U.S. 954 (1984).On September 24, 1984, additional testimony was taken by the trial court and, thereafter, the trial court again imposed the death penalty with a new sentencing order. On return to remand on November 12, 1985, the Court of Criminal Appeals affirmed the new sentencing order.
On January 7, 1986, the Court of Criminal Appeals denied rehearing but withdrew its November 12, 1985, opinion and issued another opinion. A second application for rehearing was filed by Tomlin and was overruled with an extension of the January 7 opinion on June 10, 1986. Tomlin v. State, [Ms. 1 Div. 23, June 10, 1986] So.2d (Ala. Cr. App. 1986).
Tomlin then filed a petition for writ of certiorari with this Court, which we granted pursuant to Rule 39(c), A.R.App.P.We have reviewed the record in this case, scrutinized the holding of the Court of Criminal Appeals, and carefully considered the propriety of the death penalty, and find that there were no errors adversely affecting the rights of the defendant.
Therefore, the judgment of the Court of Criminal Appeals is affirmed.
*fn1 The 1975 capital punishment statute, as contained in §§ 13-11-1 through 13-11-9, was carried over intact to the new criminal code as §§ 13A-5-30 through 13A-5-38. These sections of the new criminal code were repealed, effective July 1, 1981, by the 1981 capital offense statute, but only as to conduct occurring on or after July 1, 1981. Therefore, conduct occurring before July 1, 1981, as in the present case, is governed by the pre-existing law, i.e., §§ 13A-5-30 through 13A-5-38. See Spears v. State, 428 So.2d 174 (Ala. Cr. App. 1982).19870605 © 1997 VersusLaw Inc.