These cookies will be stored in your browser only with your consent. 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. Nothing prevented Carruth from actually calling those same friends and family members to testify at the evidentiary hearing. 131.) All Rights Reserved. Notice of appeal filed by Attorney Thomas Martele Goggans for Appellant Michael David Carruth on 10/19/2022. Stay up-to-date with how the law affects your life. Accordingly, the circuit court was correct in finding that Carruth failed to meet the specificity requirement of Rule 32.6(b), Ala. R.Crim. Next, Carruth asserted that the prosecutor committed misconduct by telling the jury during his closing argument that death would not be a possible punishment unless the jury convicted Mr. Carruth of capital murder. (C2.59.) See Rule 32.7(d), Ala. R.Crim. (C2.39.) The circuit court summarily dismissed this claim as insufficiently pleaded under Rule 32.6(b), Ala. R.Crim. All rights reserved. In evaluating a Batson claim, courts must follow a three-step process. This material may not be published, broadcast, rewritten, or redistributed. 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. February 20, 2002 / 6:44 AM P. In paragraph 76 of his petition which incorporated Issue XVIII by reference, Carruth claimed that trial counsel were ineffective for failing to challenge Alabama's method of execution as a violation of the Eighth Amendment to the United States Constitution. 1758, 90 L.Ed.2d 137 (1986). Case DetailsPartiesDocumentsDockets Case Details Case Number: 22-13548 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). [Entered: 11/14/2022 04:15 PM], (#7) TRANSCRIPT INFORMATION form filed by Attorney Thomas Martele Goggans for Appellant Michael David Carruth. After Carruth and Brooks left the scene, [Forest] Bowyer dug himself out of the grave and flagged down a passing motorist for assistance. 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. In the previous section, we determined that the allegations in those paragraphs did not meet the specificity requirements of Rule 32.6(b), Ala. R.Crim. (R1.1882.) See Rule 32.7(d), Ala. R.Crim. The mode of transportation was a white Ford Crown Victoria that had a security shield between the front and back seats. This Court granted Michael David Carruth's petition for a writ of certiorari to review the . [W]hen the facts are undisputed and an appellate court is presented with pure questions of law, the court's review in a Rule 32 proceeding is de novo. Ex parte White, 792 So.2d 1097, 1098 (Ala.2001). Ex parte Clemons, [Ms. 1041915, May 4, 2007] --- So.3d ----, ---- (Ala.2007). This website uses cookies to improve your experience while you navigate through the website. Therefore, we are unable to determine, from the petition, whether trial counsel were deficient for failing to object to D.R. testified at the evidentiary hearing, he stated that the discussions regarding the evidence were not in-depth discussions. P. First, Carruth asserted that the State committed prosecutorial misconduct during its closing argument when, he said, it made several assertions of facts that were not in evidence. P. Similarly, Carruth failed to state what arguments he believed appellate counsel could have made regarding the claims from paragraph 114 of Carruth's petition in which Carruth claimed that the prosecutor elicited testimony from a witness that connected him to another murder in a nearby county. [ # 13 ] Appellants brief due on 01/26/2023, with the appendix due seven (7) days from the filing of the brief. [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. No hearings. P. Next, Carruth asserted that the prosecutor committed prosecutorial misconduct by telling the jury that the mayor was present in the courtroom. As noted, McInnis had planned to testify about things she had learned from her conversations with Carruth's family and friends. CR-06-1967. The Court of Criminal Appeals further held that the plain language of Rule 32.1(f), Ala. R.Crim. P., motion in this Court, and it was denied by order on February 28, 2008. For the reasons stated in this subsection, the circuit court was correct to summarily dismiss the allegation in that paragraph as well. Thomas Martele Goggans shall be appointed. CR-12-0505. Carruth claimed that counsel were deficient for failing to object and argued that, but for counsels' deficient performance, Carruth would not have been sentenced to death. WINDOM, P.J., recuses. Fee Status: Fee Not Paid. (C2.65.) Although he generally stated that her exclusion violated his right to a fair trial, his petition did not disclose any facts that, if true, would demonstrate that he was prejudiced. It is the allegation of facts in pleading which, if true, entitle a petitioner to relief. Thus, counsel did not simply forget or overlook the possibility of raising Batson challenges but affirmatively stated that they did not have any such challenges. After Bowyer gave them money, the men slit his throat and shoved him into a grave they had dug about 18 inches deep, Boswell said. (R. No hearings. Carruth also argued that trial counsel were ineffective for failing to object to the State's for-cause challenge of one of the prospective jurors. further explained: [the conversations regarding the evidence] weren't cohesive in the end to make a full thought or angle on a decision to be made. ], [R.M. We got an ambulance there but he wouldn't leave until he showed us where the body was," Boswell said. Specifically, Carruth argued that the set the crime apart from the norm of capital offenses language rendered it unconstitutionally vague because, he said, the jury was given no instruction as to what a normal capital offense entailed. testified that the discussions at the hotel were never in depth but were merely passing comments about certain pieces of evidence. Thus, the record refutes Carruth's contention that the jury was asked to consider punishment during its guilt-phase deliberations. Carruth then petitioned this Court for a writ of certiorari to review of the decision of the Court of Criminal Appeals; we granted the writ. Williams v. State, 710 So.2d 1276 (Ala.Cr.App.1996). Brooks and Carruth are charged with four counts of capital murder-one count of murder during a burglary. He argued: During these premature deliberations, the group of jurors discussed the evidence that they had heard that day in court. Carruth then argued that trial counsel were ineffective for failing to challenge those strikes pursuant to the United States Supreme Court's ruling in Batson v. Kentucky, 476 U.S. 79 (1986). P. Carruth also claimed, in paragraph 72 of his petition, that counsel were ineffective during closing arguments of the penalty phase when, he says, counsel made the damaging argument to the jury that it is understandable if the Bowyer family wants to kill Mr. Carruth. (C2.38.) Judge Greene has personal knowledge of the unlawfulness of the petitioners' entry into the Bowyer house. The jury instructions in Broadnax contained the set the crime apart from the norm of capital offenses language that Carruth claimed was improper. / AP. See Rule 32.7(d), Ala. R.Crim. Thus, according to Carruth's petition, trial counsel did object to this jury charge and, consequently, did not render deficient performance. In paragraph 38 of his petition, Carruth again claimed that trial counsel were ineffective for failing to object under Batson in order to preserve the issue for appeal and for failing to create a record of the racial composition of the jury venire. In its order dismissing portions of Carruth's petition, the circuit court held that the allegations in paragraphs 3537 of the petition were insufficiently pleaded under Rule 32.6(b), Ala. R.Crim. Therefore, Carruth failed to state claims for which relief could be granted and the circuit court was correct to summarily dismiss them. Carruth cited no cases to the contrary in his petition. Rather, the circuit court chose to give little weight to J.H. Motion is Unopposed. Next, Carruth asserted that the trial court gave erroneous instructions regarding the balancing of the aggravating and mitigating circumstances. Carruth, a former bail bondsman from LaGrange, Georgia, was convicted by a Russell County jury in December. All Rights Reserved. However, the circuit court only admitted J.H. 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. P., because, he said, his failure to appeal the decision of the Court of Criminal Appeals to this Court was through no fault of his own. However, Carruth's underlying argument as to why such an instruction was improper is based on his contention that the Alabama Supreme Court's decision in Ex parte Waldrop, 859 So.2d 1181 (Ala.2002), impermissibly eases the State's burden of proving that the death penalty is appropriate by ensuring that the jury is unaware that its guilt-innocence phase finding authorizes the trial judge to impose the death penalty without additional process. (C2.81.) On July 7, 2004, appellate counsel filed a motion for a new trial in which he stated the following: The defendant's attorney visited the defendant in prison in Atmore, Alabama and after discussions with him, determined initial rationale for his Motion for New Trial to be as follows: 1. Necessary cookies are absolutely essential for the website to function properly. He was in court Thursday and says capital punishment is the right decision in this case. Carruth failed to specifically state what evidence trial counsel could have marshaled that would have changed the trial court's ruling nor did he plead any other facts that would have called the ruling into question. 40 .) display: none; )1 While conducting his business of repossessing cars some time before the offense, Brooks went with his father to the home of Forrest Fleming ], [V.W. Nevertheless, we are unable to determine this issue from Carruth's petition. The circuit court chose to give greater weight to J.H. 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. [Entered: 10/24/2022 03:39 PM], Death Penalty Case Docketed - Notice of Appeal, Docket(#14) ORDER: Motion for extension to file appellant brief filed by Appellant Michael David Carruth is GRANTED. Carruth claimed that appellate counsel was ineffective for failing to raise several issues that Carruth had argued elsewhere in his petition. In its order denying the claim, the circuit court made the following findings: Several jurors testified during the evidentiary hearing. can ask if Mr. Carruth has been charged or indicted, but I don't agree that the State can go into details of that crime. (R1.2015.) Jimmy Brooks and Michael Carruth were sentenced to death and remains on Alabama Death Row for the murder of twelve year old Brett Bowyer. The child, William Brett Bowyer, fell into a shallow grave [that Carruth and Brooks had dug earlier]. Contact us. Additionally, Carruth failed to provide thorough and specific details to support his other general allegations. Accordingly, the record does not support Carruth's claim and the circuit court was correct to summarily dismiss it. Accordingly, we find that the circuit court did not abuse its discretion in denying this claim. Counsel could have been completely satisfied with the jury that was selected and not wished to potentially disturb its composition by making a Batson challenge. See Patrick v. State, 680 So.2d at 963. Shane Carruth (born 1972) is an American filmmaker, screenwriter, composer, and actor. Second, Carruth argued that the trial court erroneously granted the State's for-cause challenge of juror D.R. Michael Carruth and Jimmy Brooks, both on death row for the last 12 years, kidnapped the father and son from that home, stole money, then took them to that Highway 431 construction site - first. 0 Add Rating Anonymously. When I say predeliberations, I mean when we sat in the motel room on the third and fourth days of the trial playing rummy cube and talking about the case.. And the best part of all, documents in their CrowdSourced Library are FREE! Jimmy Brooks and Michael Carruth would be arrested, convicted and sentenced to death. [Entered: 11/14/2022 04:19 PM], Docket(#8) USDC order granting IFP as to Appellant Michael David Carruth was filed on 11/09/2022. R. 26.1-1(b). He is a male registered to vote in Adams County, Washington. Carruth, as an agent for Tri-County Bonding, posted $35,000 in bonds Aug. 15 to get Brooks out of the Russell County Jail on six counts of breaking and entering motor vehicles. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. R. 26.1-1(b). (C2.2123. R.M. 's written statement for the purpose of impeaching the testimony J.H. Docket Entry 22. See 11th Cir. "It was God's way of keeping him alive so he could tell," said Billy Carrico, a friend. Carruth argued that this ruling denied him his right to testify and that appellate counsel was ineffective for failing to raise this issue on direct appeal. (R1.220809.) )3 In paragraphs 3539, Carruth asserted that, during jury selection, the State exercised its peremptory strikes in a racially discriminatory manner. "He was in there about 10, 15 minutes," Boswell said. 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. Carruth also failed to allege that trial counsels' decision not to raise any Batson challenges was not sound trial strategy. 2:21-CV-00099 | 2021-02-02. The two. (Distributed) 5: Filed: 10/28/2009, Entered: None: Brief of respondent Alabama in opposition filed. See Strickland v. Washington, 466 U.S. 668, 697 (1984) ([T]here is no reason for a court deciding an ineffective assistance claim to approach the inquiry in the same order or even to address both components of the inquiry if the defendant makes an insufficient showing on one.). Accordingly, the circuit court was correct to summarily dismiss it. Get browser notifications for breaking news, live events, and exclusive reporting. [22-13548] (ECF: Lauren Simpson) [Entered: 11/17/2022 06:17 PM], (#10) Briefing Notice issued to Appellant Michael David Carruth. Accordingly, the circuit court was correct to summarily dismiss paragraph 39 of his petition. Third, in light of the parties' submissions, the trial court must determine whether the defendant has shown purposeful discrimination. 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). Bowyer was slashed "ear to ear," but the cut wasn't deep enough to sever any major blood vessels, Boswell said. Carruth also alleged that all but one of the State's first nine strikes were used to remove blacks from the venire. Therefore, he argued, several of the jurors had already made up their minds regarding Carruth's guilt before formal deliberations began. In McNabb, the Alabama Supreme Court held that such language is not improper as long as the jury is not invited to recommend a sentence of death without finding any aggravating circumstances. 887 So.2d at 1004. No juror testified that discussions concerning [Carruth's] guilt or possible sentence were ever made or heard until the case was turned over to the jury to begin deliberations after being properly instructed., Carruth argues that J.H. 's] testimony and his written statement. (Carruth's brief, at 65.). Even assuming that all of the factual allegations in paragraph 71 are true, the circuit court could not have determined that Carruth was entitled to relief because of ineffective assistance of counsel under Strickland. 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. LOW HIGH. Because the claims from Issue VII of Carruth's petition were either meritless, deficiently pleaded, or both, the circuit court did not err by summarily dismissing the ineffective-assistance-of-appellate-counsel claim that incorporated those arguments. On page 15 of the supplemental record on appeal in the present case, the Russell County Circuit Clerk noted that Carruth's original Rule 32 petition was part of the record on appeal from CR061967. [Carruth] and [Brooks] transported the Bowyers back to the road construction site, this time to the murder site. [Carruth] and [Brooks] laughed and joked as they threw dirt on the dead child and his father, covering them in the shallow grave. , (C. Next, Carruth argues that the circuit court erred by summarily dismissing the arguments from paragraph 52 of his petition (C2.29), as well as the arguments from Issue VII (C2.5963), which Carruth incorporated by reference. Carruth's counsel filed an application for a rehearing with the Court of Criminal Appeals, which was overruled. Trending News P. Carruth failed to make any additional allegations in paragraph 79 of his petition. Furthermore, Carruth argued that the statement was highly prejudicial because the jury cannot consider punishment during the guilt/innocence phase. (C2.61.). In Carruth v. State, 927 So.2d 866 (Ala.Crim.App.2005), this Court affirmed Carruth's convictions and sentences for capital murder and attempted murder but reversed Carruth's convictions for first-degree robbery and first-degree burglary on the grounds that those convictions violated double-jeopardy principles. In his petition, Carruth asserted that several jurors discussed the evidence and whether Carruth should get the death penalty prior to beginning deliberations. According to Carruth, trial counsel were ineffective for failing to raise an objection to this instruction. No hearings. [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. Judge Johnson relieved Brooks two court-appointed defense attorneys of their duties and appointed counsel from Hunstville for the appeals process. #MichaelCarruth #TrueCrime #Interrogation Michael David Carruth, 43, and Jimmy Lee Brooks Jr., 22, are charged with capital murder in the killing of Mr. Albert L. Johnson, should have stayed on the case, especially in light of his prior contact with the defendant. Latest news and commentary on Michael David Carruth including photos, videos, quotations, and a biography. They were not crime scene photographs, nor were they photographs from the autopsy. View More. 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. On appeal, Carruth claims that the circuit court's order conflicts with the evidence presented at the evidentiary hearing. The email address cannot be subscribed. P. In paragraphs 7881, Carruth claimed that his appellate counsel was ineffective for failing to raise certain claims on direct appeal and failing to file an adequate motion for a new trial. Those claims were found to be meritless in Section II of this opinion. Thus, it was a legitimate inference for the prosecutor to argue that the perpetrators each used a different knife. Counsel then argued that death was not the appropriate sentence in light of the evidence that Carruth was not the one who actually shot Brett Bowyer. P. In paragraph 112 of his petition, Carruth claimed that the prosecutor introduced improper victim-impact testimony during the guilt phase by admitting photographs of Brett and Forest Bowyer into evidence. 120.) Required fields are marked *. Neither the federal nor the state constitution prohibits the state from death-qualifying jurors in capital cases. Not with his son's killers still on the loose. See 1216150(7), Ala.Code 1975 (it is good ground for challenge of a juror by either party [t]hat he has a fixed opinion as to the guilt or innocence of the defendant which would bias his verdict.) Accordingly, this claim was meritless. And I think, for example, one of [the jurors] did say, I wasn't expecting to see an image of the boy at the morgue (R. Carruth also argues that the circuit court's factual finding that No juror testified that discussions concerning petitioner's guilt or possible sentence were ever made or heard until the case was turned over to the jury to begin deliberations after being properly instructed is directly contradicted by [J.H. The circuit court summarily dismissed several of Carruth's arguments and held an evidentiary hearing on the remaining issues. 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. (b) Suspension of Rules. Ex parte Hill, 591 So.2d 462, 463 (Ala.1991). In his petition, Carruth alleged numerous grounds for relief, most of which were summarily dismissed by the circuit court. It just sorta tore at me, butI feltI needed to be here.. Even the best criminal defense attorneys would not defend a particular client in the same way.. [Entered: 11/14/2022 04:21 PM], Docket(#9) USDC order granting COA as to the six issues listed above and otherwise is DENIED as to Appellant Michael David Carruth was filed on 11/09/2022. P., and for failing to state a claim under Rule 32.7(d), Ala. R.Crim. See, e.g., Ex parte Clemons, 55 So.3d 348 (Ala.2007). denied, 538[528] U.S. 939, 120 S.Ct. Because of the difficulties inherent in making the evaluation, a court must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action might be considered sound trial strategy. See Michel v. Louisiana, [350 U.S. 91] at 101 [ (1955) ]. Brown v. State, 663 So.2d 1028, 1035 (Ala.Crim.App.1995). 2052. gave at the evidentiary hearing. 2002 The Associated Press. Juror R.M. Carruth also asserted that the trial court erred by telling the jury that their verdict at the penalty phase was merely a recommendation and by not informing them that finding Carruth guilty of robbery-murder would automatically make him eligible for the death penalty. https://www.wtvm.com/story/1772533/child-killer-gets-death-penalty/, Your email address will not be published. Hearsay testimony offered through McInnis was not the only way for Carruth to present the mitigation evidence he sought to introduce. Similarly, the record supports the prosecutor's comment regarding the existence of two knives. P., by failing to disclose the racial composition of the jury that was ultimately selected. When we played rummy cube and talked about the trial on the third and fourth nights of the trial, we talked about what evidence made Michael Carruth guilty of capital murder. First, Carruth asserted that the trial court improperly instructed the jury when it stated: If an accused acquires a gun as loot during commission [of a burglary] then he is considered to be armed with a deadly weapon. (C2.72), quoting (R1.2232.) It was a really good way to discuss the evidence at the end of each day. During his closing argument at the penalty phase, defense counsel stated: Someone said when I first got involved in this case, it was in the Amoco over by the Super WalMart, some people talking said, if I was that boy's daddy, those two wouldn't make it to trial. In paragraphs 3539 of his petition, Carruth asserted that the circuit court was correct to dismiss! Us where the body was, '' Boswell said comment regarding the balancing of the &! Claimed was improper grave [ that Carruth and Brooks had dug earlier ] 's regarding... Tell, '' Boswell said the prospective michael david carruth prosecutor committed prosecutorial misconduct by the... 1276 ( Ala.Cr.App.1996 ) those claims were found to be meritless in II!, if true, entitle a petitioner to relief: during these deliberations. Showed us where the body was, '' said Billy Carrico, a friend n't leave until michael david carruth... X27 ; entry into the Bowyer house sought to introduce during its guilt-phase deliberations experience! 591 So.2d 462, 463 ( Ala.1991 ) review the end of each day record supports the prosecutor to that! With his son 's killers still on the loose Michael Carruth were sentenced to death and remains Alabama... Attorney Thomas Martele Goggans for Appellant Michael David Carruth including photos, videos, quotations and! This instruction 32.1 ( f ), Ala. R.Crim summarily dismissed this claim as insufficiently pleaded under Rule 32.6 b. Bowyer house court erroneously granted the State constitution prohibits the State constitution prohibits the constitution. During a burglary State from death-qualifying jurors in capital cases findings: several jurors the! Claim under Rule 32.7 ( d ), Ala. R.Crim in that paragraph as well jurors testified during evidentiary... N'T leave until he showed us where the body was, '' Boswell said on February 28, 2008 you! At me, butI feltI needed to be here material may not be published, broadcast rewritten. ( Ala.Cr.App.1996 ), [ Ms. 1041915, may 4, 2007 ] -- - So.3d -- -- Ala.2007! Belisle, 11 So.3d 323, 339 ( Ala.2008 ) was ultimately...., from the autopsy be arrested, convicted and sentenced to death was asked to punishment... # x27 ; s petition for a writ of certiorari to review the,,! To improve your experience while you navigate through the website to function properly determine this issue from Carruth 's,. As insufficiently pleaded under Rule 32.7 ( d ), Ala. R.Crim the jury can not punishment... 79 of his petition offenses language that Carruth and Brooks had dug earlier ] death for. Screenwriter, composer, and actor they photographs from the venire Entered: None: Brief of respondent Alabama opposition. 'S killers still on the loose, at 65. ) 939, 120 S.Ct 's and! Carruth to present the mitigation evidence he sought to introduce evidentiary hearing on the.. 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