Hicks v. Dunn Book Reviews

Hicks v. Dunn by Alabama Supreme Court Book Summary

Donald Broadnax was convicted of four counts of capital murder: one count for the intentional murder of two or more persons pursuant to one scheme or course of conduct, see § 13A-5-40(a)(10), Ala. Code 1975; one count for the intentional murder by a person who has been convicted of another murder in the 20 years preceding the charged crime, see § 13A-5-40(a)(13), Ala. Code 1975; one count for the intentional murder committed during a kidnapping in the first degree, see § 13A-5-40(a)(1), Ala. Code 1975; and one count for the intentional murder of a victim less than 14 years of age, see § 13A-5-40(a)(15), Ala. Code 1975. The jury recommended a sentence of death. After conducting a sentencing hearing and considering and weighing the aggravating circumstances and the mitigating circumstances, the trial court sentenced Broadnax to death. The Court of Criminal Appeals affirmed Broadnaxs convictions, but reversed his sentence and remanded the case for the trial court to conduct a new penalty-phase hearing. Broadnax v. State, (No. CR-97-0113, March 31, 2000). The state filed an application for rehearing. The Court of Criminal Appeals granted the application and on rehearing withdrew its March 31, 2000, opinion and substituted another. In the substituted opinion, the Court of Criminal Appeals held that a new penalty-phase hearing was not required; nevertheless, it remanded the case to the trial court with directions that the trial court correct certain factual errors in its sentencing order and enter specific written findings of fact concerning the existence or nonexistence of the aggravating circumstances and the statutory and non-statutory mitigating circumstances. Broadnax v. State, [Ms. CR-97-0113, June 30, 2000] ___ So. 2d ___ (Ala.Crim.App. 2000)(opinion on rehearing). The trial court complied with this order and on December 1, 2000, the Court of Criminal Appeals affirmed Broadnaxs sentence of death. Broadnax v. State, [Ms. CR-97-0113, Dec. 1, 2000] ___ So. 2d ___ (Ala.Crim.App. 2000)(opinion on return to remand). Broadnax filed a petition for a writ of certiorari, which this Court granted.

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