Summary
The Alabama Supreme Court denied Keith Edmund Gavin's petition for a writ of certiorari without an opinion in a capital murder case. Justice Johnstone dissented, arguing that the court should conduct plain-error review of the admission during sentencing of an Illinois prosecutor's "Official Statement of Facts" concerning Gavin's prior murder conviction. The dissent questioned whether the document bore sufficient indicia of reliability and whether its admission violated due process.
Questions Presented
- Whether the Supreme Court of Alabama should grant certiorari and conduct plain-error review of the admission of the Illinois prosecutor's Official Statement of Facts during the sentencing phase.
- Whether the document bore sufficient indicia of reliability to be admissible hearsay in a sentencing hearing.
Disposition
writ_denied
Cases Cited (6)
- Gavin v. State, 891 So. 2d 907 (Ala. Crim. App. 2003)(followed in part and criticized in dissent)
- Ex parte McGahee, 632 So. 2d 981, 983 (Ala. 1993)(cited)
- Kuenzel v. State, 577 So. 2d 474, 528 (Ala. Crim. App. 1990)(cited)
- Dennis v. O'Malley, 256 Ill. App. 3d 334, 628 N.E.2d 362, 194 Ill. Dec. 865 (1993)(cited)
- People v. Wooten, 392 Ill. 542, 64 N.E.2d 857 (1946)(cited)
- People v. Hawkins, 54 Ill. 2d 247, 296 N.E.2d 725 (1973)(cited)
Cited In (0)
No citing cases on record yet.
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