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• Title: Douglas Brown v. State Alabama
• Author : Court of Criminal Appeals of Alabama
• Release Date : January 25, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Andy Dwight Pierce was convicted in the Geneva County Circuit Court of intentional murder in the course of a robbery. Alabama Code 1975, § 13A-5-40(a)(2). The trial court accepted the jurys recommendation and sentenced Pierce to death. The Court of Criminal Appeals affirmed the conviction but remanded for the trial court to make new written findings and to resentence without considering the victim impact statement contained in the presentence report. Pierce v. State, 576 So.2d 236 (Ala. Crim. App. 1990), cert. denied, 576 So.2d 258 (Ala. 1991). On the return to the Court of Criminal Appeals, that court again remanded the case for the trial court to determine if the prosecutors reasons for striking black venire members were racially neutral. Pierce v. State, 586 So.2d 1005, 1006-077 (Ala. Crim. App. 1991). On return following that remand, the Court of Criminal Appeals accepted the trial courts ruling that the prosecutors strikes were racially neutral, held that Pierces claim for a new sentencing hearing was meritless, and held that no error had adversely affected any "substantial right" of Pierce (see Rule 45A, A.R.App.P.), and that his sentence of death was appropriate under Alabama Code 1975, § 13A-5-53. Pierce v. State, [Ms. 4 Div. 406, Jan. 31, 1992], 612 So.2d 514 (Ala. Crim. App. 1992). On certiorari review of that judgment, we affirm.

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