Ex parte Carey Dale Grayson

Summary

The Supreme Court of Alabama affirmed Carey Dale Grayson's capital-murder conviction and death sentence, finding no reversible or plain error after reviewing the issues raised on certiorari. On rehearing, the court considered the trial court's failure to select alternate jurors according to Rule 18.4(g), Ala. R. Crim. P., and held that the error did not rise to the level of plain error. Concurring opinions addressed limitations on cross-examination and the admission of codefendants' statements during penalty-phase testimony.

Holdings

1. The judgment of the Court of Criminal Appeals affirming Grayson's capital-murder conviction and death sentence is affirmed because the Supreme Court found no reversible error, plain or otherwise, and determined that Grayson received a fair trial.
2. Although the trial court's random selection of alternate jurors was inconsistent with Rule 18.4(g), Ala. R. Crim. P., the error did not rise to the level of plain error because Grayson failed to show that his rights were injuriously affected or that the fairness or integrity of the proceedings was seriously impaired.

Questions Presented

1. Whether the Court of Criminal Appeals correctly resolved the issues raised in Grayson's capital-murder appeal.
2. Whether the record contained plain error requiring reversal of Grayson's conviction or death sentence.
3. Whether the trial court's random selection of alternate jurors, rather than selection under Rule 18.4(g), constituted plain error requiring reversal.

Disposition

affirmed