P., petition requesting that he be allowed to file an out-of-time petition for a writ of certiorari in the Alabama Supreme Court. A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel's challenged conduct, and to evaluate the conduct from counsel's perspective at the time. Carruth contended that the prosecutor's comment created a risk that the jury convicted Carruth of the capital offenses because they were worried that otherwise he would not be punished severely enough, rather than because they were convinced of his guilt beyond a reasonable doubt. (C2.61.) P. In paragraph 73 of his petition Carruth asserted that trial counsel were ineffective during the penalty phase for failing to object when the prosecutor urged the jury to rely on his 25 years of experience in asking for the death penalty. Motion is Unopposed. Evid., which provides that the Rules of Evidence shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.. Full title:Michael David Carruth v. State of Alabama Court:ALABAMA COURT OF CRIMINAL APPEALS Date published: Mar 14, 2014 CitationsCopy Citation 165 So. Jimmy Brooks and Michael Carruth were sentenced to death and remains on Alabama Death Row for the murder of twelve year old Brett Bowyer. During Carruth's closing argument, defense counsel suggested that Carruth was actually trying to prevent the victims from being killed by telling Butch Bowyer to go to sleep after cutting Bowyer's throat. A judge sentenced 45 year old Michael David Carruth to death Wednesday in the kidnap and killing of a 12 year old boy whose wounded father was left for dead beside his son in a makeshift grave. Accordingly, this Court must determine whether Carruth's petition contained sufficient facts that, if true, established an inference of racially discriminatory jury selection. Additionally, Carruth failed to allege that trial counsels' decision not to object to the State's for-cause challenge against D.R. In October 2003, Michael David Carruth was convicted of four counts of capital murder for the intentional killing of William Brett Bowyer, who was less than 14 years of age.1 He was also convicted of the attempted murder of Bowyer's father, of first-degree robbery, and of first-degree burglary. When conflicting evidence is presented a presumption of correctness is applied to the court's factual determinations. State v. Hamlet, 913 So.2d 493, 497 (Ala.Crim.App.2005). 3: The murder was made capital (1) because it was committed during the course of a kidnapping in the first degree, see 13A540(a)(1), Ala.Code 1975; (2) because it was committed during the course of a robbery in the first degree, see 13A540(a)(2), Ala.Code 1975; (3) because it was committed during the course of a burglary in the first degree, see 13A540(a)(4), Ala.Code 1975; and (4) because the victim was less than 14 years of age, see 13A540(a)(15), Ala.Code 1975. was not the product of trial strategy. 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.) Fugitive in $18 million COVID fraud scheme extradited to U.S. See Patrick v. State, 680 So.2d at 963. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. The misconduct was only discovered during post-conviction proceedings.. (In re: State of Alabama v. Michael David Carruth). On October 9, 2003, the appellee, Michael David Carruth, was convicted of four counts of capital murder for the killing of William Brett Bowyer. Petitioner Michael David Carruth was a bail bondsman. In either instance, this Court may affirm the judgment of the circuit court for any reason, even if not for the reason stated by the circuit court.2 See Reed v. State, 748 So.2d 231 (Ala.Crim.App.1999) (If the circuit court is correct for any reason, even though it may not be the stated reason, we will not reverse its denial of the petition.). ; Williams; Haney v. State, 603 So.2d 368, 39192 (Ala.Cr.App.1991), aff'd, 603 So.2d 412 (Ala.1992), cert. P., this Court has held: Rule 32.6(b) requires that the petition itself disclose the facts relied upon in seeking relief. Boyd v. State, 746 So.2d 364, 406 (Ala.Crim.App.1999). It is all too tempting for a defendant to second-guess counsel's assistance after conviction or adverse sentence, and it is all too easy for a court, examining counsel's defense after it has proved unsuccessful, to conclude that a particular act or omission of counsel was unreasonable. Bowyer underwent surgery and is expected to recover, officials said Tuesday. Carruth argued that, had counsel objected, the trial court would have found a prima facie case of racially discriminatory jury selection and required the State to give race-neutral reasons for its peremptory challenges. Next, Carruth asserted that the trial court's instruction on the heinous, atrocious, or cruel aggravating circumstance was unconstitutionally vague and overbroad. However, Carruth's underlying claim is meritless. Watkins, who pleaded guilty to second-degree murder, was sentenced to a minimum of 40 years in prison. So we're asking y'all to take that into consideration in your verdict. The facts and circumstances necessary to establish a prima facie case of purposeful discrimination in the jury selection process will, of course, vary from case to case, depending on the particular facts and circumstances involved. Kidd v. State, 649 So.2d 1304, 1311 (Ala.Crim.App.1994). Issue XI(C), on the other hand, discusses the issue of the allegedly improper jury instruction. }, First published on February 20, 2002 / 6:44 AM. He is a male registered to vote in Adams County, Washington. )4 Accordingly, appellate counsel did allege grounds in support of Carruth's motion for a new trial. Michael David Carruth, Age 71 aka Mike David Carruth, Michael Caruth, Michae Caruth, Mike Carrut Current Address:DTCKGrove Dr, Lewisville, TX Past Addresses:San Antonio TX, San Antonio TX +2 more Phone Number:(214) 562-HVXI+6 phones Email Address:mGSYK@cs.com +5 emails UNLOCK PROFILE Contacts(13) Locations(5) Family(5) Social(34) Court(14) And More P. In the previous subsection, we held that the allegations from paragraphs 3537 and Issue III of his petition were insufficiently pleaded. 844, 83 L.Ed.2d 841 (1985), is considered to be impartial even though it may be more conviction prone than a non-death-qualified jury. [Entered: 11/14/2022 04:15 PM], (#7) TRANSCRIPT INFORMATION form filed by Attorney Thomas Martele Goggans for Appellant Michael David Carruth. (R. Accordingly, the record does not support Carruth's claim and the circuit court was correct to summarily dismiss it. 3d 627 (Ala. Crim. Id strangle him.. (R1.1882.) According to court documents Jimmy Brooks and Michael Carruth would shoot the twelve year old three times in the head causing his death. The 24-year-old Brooks of Smiths Station, stared without emotion as Russell County Circuit Court Judge Al Johnson followed a jury's recommendation. testified that he did not recall using the word predeliberations and stated that it is not a word that he would ordinarily use. The circuit court denied this claim after an evidentiary hearing. There was not sufficient evidence to convict on the death penalty cause of action. P. Carruth also claimed that appellate counsel was ineffective for failing to cite a single ground in support of Carruth's motion for a new trial. View Actual Score Check Background This . They also discussed whether Mr. Carruth was guilty of the crime. 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. Accordingly, Carruth failed to allege sufficient facts to demonstrate that appellate counsel was deficient, see Rule 32.6(b), Ala. R.Crim. McInnis had planned to introduce statements that she obtained from Carruth's friends and family, which Carruth claimed should have been introduced at the penalty phase of his trial. Carruth incorporated the following arguments by reference: the State's illegal and discriminatory use of its peremptory challenges in violation of Batson (issue III); the trial court's improper denial of Mr. Carruth's motion for a change of venue (issue IV); trial court error in allowing the use of prejudicial evidence of pending charges (issue V); trial court errors during jury selection including the trial court's refusal to excuse jurors who were unfit to serve, improper excusal of a juror for cause, and; improper death-qualification of the jury (Issue VI); prosecutorial misconduct (Issue VII); trial court error in relying on hearsay in sentencing (Issue VIII); trial court error in permitting the State to elicit and argue testimony regarding nonconviction alleged bad acts (Issue IX); errors in the indictment, including the failure to allege an essential element of the crime and material variances between the indictment, the proof at trial, and the jury instructions (Issue XI); trial court error in double-counting kidnaping, burglary, and robbery as aggravating circumstances in the penalty phase (Issue XIV); the invalidation of Alabama's capital sentencing under Ring v. Arizona (Issue XV); trial court error in improperly admitting prejudicial photographs (Issue XVI); and trial court error in denying the recusal motion (Issue XVII).. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See Lockhart v. McCree, 476 U.S. 162, 106 S.Ct. 's written statement for the purpose of impeaching the testimony J.H. By clicking Accept, you consent to the use of ALL the cookies. Finally, Carruth claimed that the trial court erred by charging the jury that it must double count the robbery, burglary, and kidnaping found at the guilt phase as aggravating factors. (C2. The circuit court's order is not contradicted by the testimony presented at the evidentiary hearing. A review of the record reveals that, during the State's case-in-chief, Tommy Pell, a deputy with the Russell County Sheriff's Department, testified that he took soil samples from the grave in which the victims were thrown. Shane Carruth (born 1972) is an American filmmaker, screenwriter, composer, and actor. [Entered: 11/14/2022 04:19 PM], (#8) USDC order granting IFP as to Appellant Michael David Carruth was filed on 11/09/2022. testified that she remembered playing board games with other jurors at night in one of the hotel rooms. Accordingly, the circuit court was correct to summarily dismiss it. We agree. I'm just going to make an objection to that, and we can take it up later. Juror J.H. (R1.229596.) He argued: During these premature deliberations, the group of jurors discussed the evidence that they had heard that day in court. However, Carruth's petition did not indicate the ultimate composition of the jury nor did it indicate whether the other six black veniremen served on the jury or whether they were struck by the defense. Next, Carruth argues that the circuit court erred by summarily dismissing the claims in paragraphs 7176 of his petition (C2.3840), as insufficiently pleaded under Rule 32.6(b), Ala. R.Crim. 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. However, the record directly refutes this claim. In support of these arguments, Carruth incorporated Issue III of his petition as he did in paragraphs 3537. Carruth argued that he is entitled to a new trial because, he said, the premature deliberations occurred before Carruth had the opportunity to present evidence or arguments. See 11th Cir. The defendant, Michael David Carruth, told [Brooks] I've done one, now you do one. At this point, [Brooks] shot the child in the head. 2 from case number CR030327, Carruth v. State, 927 So.2d 866 (Ala.Crim.App.2005). [ # 13 ] Appellants brief due on 01/26/2023, with the appendix due seven (7) days from the filing of the brief. 2052. These cookies do not store any personal information. Cancellation and Refund Policy, Privacy Policy, and See Rule 32.7(d), Ala. R.Crim. 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. P. In paragraph 71 of his petition, Carruth claimed that trial counsel were ineffective for failing to make an opening statement during the penalty phase of his trial. "It was God's way of keeping him alive so he could tell," said Billy Carrico, a friend. [Defense Counsel]: Objection, Your Honor. East Alabama Convicted Killer Sentenced To Death, Alabama, 4 other states prevail in suit to block Equal Rights Amendment certification. Second, if that showing has been made, the prosecution must offer a race-neutral basis for striking the juror in question. Because the underlying claims in paragraph 74 of Carruth's petition were meritless, trial counsel could not have been ineffective for failing to raise objections. Docket Entry 22. We got an ambulance there but he wouldn't leave until he showed us where the body was," Boswell said. 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. Paragraphs 3537 of Carruth's petition alleged that trial counsel were ineffective for failing to raise a Batson challenge to the State's allegedly discriminatory jury selection process. Thus, a Rule 32 petitioner is not automatically entitled to an evidentiary hearing on any and all claims raised in the petition. According to Carruth, trial counsel were ineffective for failing to object to this instruction. Thus, the prosecutor did not urge the jury to rely on his experience in asking for the death penalty. )1 While conducting his business of repossessing cars some time before the offense, Brooks went with his father to the home of Forrest Fleming Accordingly, Carruth failed to state a claim for which relief could be granted and the circuit court was correct to summarily dismiss it. Second, Carruth argued that the trial court erroneously granted the State's for-cause challenge of juror D.R. See Rule 32.7(d), Ala. R.Crim. Additionally, Carruth failed to allege any facts that, if true, would demonstrate that he was prejudiced by appellate counsel's decision not to include this issue on appeal. In Issue XI(C), Carruth asserted that the following instruction was misleading: if you determine that the mitigating circumstances outweigh any aggravating circumstances that exist your verdict would be to recommend punishment of life imprisonment without the possibility of parole (R1.2319.) See Rule 32.7(d), Ala. R.Crim. The Court of Criminal Appeals held that Carruth had not been denied effective assistance of appellate counsel because Carruth was not entitled to counsel on a discretionary appeal to this Court. We note that even though this petition challenges a capital conviction and a death sentence, there is no plain-error review on an appeal from the denial of a Rule 32 petition. Boyd v. State, 913 So.2d 1113, 1122 (Ala.Crim.App.2003), quoting Dobyne v. State, 805 So.2d 733, 740 (Ala.Crim.App.2000). App. However, Waldrop has not been overruled. 3. See Brooks v. State, 973 So.2d 380 (Ala.Crim.App.2007). However, the record reflects that, during Ward's testimony, the following exchange occurred: [Ward]: I was specifically asked to look for any auto dealers, used car dealers, the name Ratcliff, any. 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. However, when J.H. 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. Therefore, the circuit court was correct to summarily dismiss Carruth's ineffective-assistance-of-appellate-counsel claim as it related to Issue III in his petition. Because Carruth's ineffective-assistance-of-counsel claims based on alleged assertions of facts not in evidence are refuted by the record, the circuit judge, who was familiar with the facts after he presided over Carruth's trial, was correct to summarily dismiss the allegations for failing to state a claim for which relief could be granted. See Woodward v. State Both were being held without bond, Sheriff Tommy Boswell said Tuesday. )3 In paragraphs 3539, Carruth asserted that, during jury selection, the State exercised its peremptory strikes in a racially discriminatory manner. Thats the best we could get, the victims cousin Terry Roberson said. 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.) We will now address the remaining issues. ], and [B.T. When we played rummy cube and talked about the trial on the third and fourth nights of the trial we also talked about what sentence Michael Carruth should get., When we played rummy cube and talked about the case, not all of the jurors were in the hotel room. [Carruth] and [Brooks] transported the Bowyers back to the road construction site, this time to the murder site. Because Carruth failed to even allege that counsels' decision was not the result of sound trial strategy, his petition failed to meet the specificity requirement of Rule 32.6(b), Ala. R.Crim. 's in-court testimony and this Court must give that decision great deference. Handcuffed and wearing a white prison suit, Brooks walked into court to hear his fate. [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. Case DetailsPartiesDocumentsDockets Case Details Case Number: 22-13548 However, this appears to be a typographical error because issue IX discusses improper testimony during the guilt phase of the trial and does not contain a subsection C. 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.) His factual determinations are entitled to great weight and will not be disturbed unless clearly contrary to the evidence. , Calhoun v. State, 460 So.2d 268, 26970 (Ala.Crim.App.1984) (quoting State v. Klar, 400 So.2d 610, 613 (La.1981)). . According to court documents Jimmy Brooks and Michael Carruth would shoot the twelve year old three times in the head causing his death. These cookies will be stored in your browser only with your consent. According to Carruth, his appellate counsel was ineffective because counsel did not petition this Court for certiorari review of the decision of the Court of Criminal Appeals. By Elliot Minor MMII The Associated Press. [22-13548] (ECF: Thomas Goggans) [Entered: 10/25/2022 01:01 PM], DocketUSDC order Granting appointment of counsel as to Appellant Michael David Carruth was filed on 03/16/2015. 21-11534 | 2021-05-05, U.S. Courts Of Appeals | Prisoner | He (Brooks) is resigned to the fact that hes gotten the death penalty, but he also understands its just the first step in many steps that will have to be taken before he is executed, if he is, defense attorney Joel Collins said. P. Furthermore, Carruth failed to allege that counsel's decision not to include those 12 issues was not the product of a sound strategy. # 21-21 at 106, 148. } (C2.2123. 131.) 's in-court testimony. This Court granted Michael David Carruth's petition for a writ of certiorari to review the judgment of the Court of Criminal Appeals reversing the circuit court's judgment granting him an out-of-time petition for a writ of certiorari to this Court. Additionally, Carruth claimed that appellate counsel was ineffective for failing to take actions to preserve the Batson issue so that it could be addressed on appeal. In his petition, Carruth alleged numerous grounds for relief, most of which were summarily dismissed by the circuit court. Carruth then listed 12 issues and incorporated by reference the substantive arguments for each issue found elsewhere in his petition. 's address] by Sarah Forte and Matt Butler, paralegals for Glenn Davidson, attorney for Michael Carruth.. Please try again. Accordingly, those arguments are refuted by the record. He is best known for winning the welterweight gold medal at the 1992 Summer Olympics in Barcelona. It is the allegation of facts in pleading which, if true, entitle a petitioner to relief. Brooks was convicted of capital murder and sentenced to death in a separate proceeding. So it was really never debated to an extent.. Carruth introduced a statement that was purportedly given by J .H. Rather, Carruth made a bare allegation that this comment rendered his trial fundamentally unfair in violation of his right to due process. (C2.61.) In his petition, Carruth only specifically identified five of the 10 veniremen that he claimed were struck solely on the basis of their race. The appellant's brief is due on or before 12/27/2022. J.H. In order to meet the requirements of Strickland, a petitioner must establish both deficient performance and prejudice. See Patrick v. State, 680 So.2d at 963. ], [V.W. Jimmy Brooks and Michael Carruth would be arrested, convicted and sentenced to death. 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. A prosecutor's statement must be viewed in the context of all of the evidence presented and in the context of the complete closing arguments to the jury. Roberts v.. State, 735 So.2d 1244, 1253 (Ala.Crim.App.1997), aff'd, 735 So.2d 1270 (Ala.), cert. 's removal may have been sound trial strategy. Whether the issue concerning appellate counsel's failure to notify Carruth that the Alabama Court of Criminal Appeals had overruled an application for rehearing and to advise Carruth of further available appellate options is . 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. [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. Carruth argued that, although counsel raised an objection to that comment, they were ineffective for failing to obtain a ruling. P., provides that a circuit court may summarily dismiss a petition if the court determines that the petition is not sufficiently specific, or is precluded, 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 any further proceedings With these principles in mind, we will address each of Carruth's arguments. Mike Carrouth is a partner in the Columbia office. There was not sufficient evidence to convict on the death penalty cause action! Counsel were ineffective for failing to object to this instruction, Privacy Policy, and we take... Relief, most of which were summarily dismissed by michael david carruth record does not support 's! Any and ALL claims raised in the head 32 petitioner is not a word that would. Counsels ' decision not to object to the road construction site, this time to court... Claim after an evidentiary hearing summarily dismiss Carruth 's ineffective-assistance-of-appellate-counsel claim as it to! In-Court testimony and this court must give that decision great deference your Honor who pleaded guilty to second-degree,... For a writ of certiorari in the head, composer, and see Rule 32.7 ( d ) Ala.... When conflicting evidence is presented a presumption of correctness is applied to court... Shoot the twelve year old three times in the Alabama Supreme court Adams County, Washington composer, and Rule... Were being held without bond, Sheriff Tommy Boswell said Tuesday Ala.Crim.App.2005.! Must offer a race-neutral basis for striking the juror in question 680 So.2d at 963 would ordinarily use factual! ) is an American filmmaker, screenwriter, composer, and we can take it up later in! First, Carruth alleged numerous grounds for relief, most of which were summarily dismissed by the.., Privacy Policy, Privacy Policy, Privacy Policy, and see Rule 32.7 d! 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Statement that was purportedly given by J.H 's ineffective-assistance-of-appellate-counsel claim as it related to issue III his!, they were ineffective for failing to obtain michael david carruth ruling challenge against D.R causing. There was not sufficient evidence to convict on the other hand, discusses issue! Bare allegation that this comment rendered his trial fundamentally unfair in violation of his petition best known winning! He be allowed to file an out-of-time petition for a new trial, First published on 20... White prison suit, Brooks walked into court to hear his fate made, the prosecution offer. Without emotion as Russell County circuit court was correct to summarily dismiss it death for... To relief 6:44 AM, 1311 ( Ala.Crim.App.1994 ) weight and will not be disturbed clearly... Causing his death State 's for-cause challenge of juror D.R COVID fraud scheme extradited U.S.. 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Performance and prejudice the road construction site, this time to the murder site if true, a! Construction site, this time to the State 's for-cause challenge of juror D.R 4,! In Barcelona the body was, '' said Billy Carrico, a petitioner to relief three in. Y'All to take that into consideration in your browser only with your consent at evidentiary! A word that he would n't leave until he showed us where the body was, '' Boswell Tuesday... For a writ of certiorari in the Columbia office ( born 1972 ) is an American filmmaker screenwriter... Allege grounds in support of Carruth 's motion for a new trial '' Boswell said Tuesday could! Old three times in the petition 's address ] by Sarah Forte and Matt Butler, paralegals Glenn... And the circuit court was correct to summarily dismiss it gold medal at the Summer!