Ex Parte Callahan

Supreme Court of Alabama

Ex Parte Callahan

557 So. 2d 1311, 1989 WL 161157

CourtSupreme Court of Alabama

DecidedNovember 17, 1989

Docket88-1139

StatusPublished

Cited by37 cases

This text of 557 So. 2d 1311 (Ex Parte Callahan) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex Parte Callahan, 557 So. 2d 1311, 1989 WL 161157 (Ala. 1989).

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Opinion

Petitioner, James Harvey Callahan, was convicted on November 7, 1987, of the capital offense of murder during a kidnapping in the first degree, or an attempt thereof, and was sentenced to death. Ala. Code 1975, § 13A-5-40. The Court of Criminal Appeals affirmed; see Callahan v. State, 557 So.2d 1292 (Ala. 1989).

This petitioner was previously before this Court in Ex parteCallahan, 471 So.2d 463 (Ala. 1985), cert. denied,474 U.S. 1019, 106 S.Ct. 567, 88 L.Ed.2d 552 (1985). There, this Court reversed the judgment and remanded that cause for a new trial because the State had failed to lay the proper predicates in attempting to admit statements made by the defendant. Specifically, the State had failed to show that the statements had been made voluntarily and after the proper Miranda warnings had been given. However, as pointed out in the Court of Criminal Appeals' most recent opinion, the record in the instant case clearly shows that the proper predicate was laid for admission of each of Callahan's statements.

After carefully reviewing the record from the trial court, after reviewing the Court of Criminal Appeals' thorough opinion, especially its treatment of the admissibility of the defendant's statements, and after considering carefully the propriety of the death penalty, we can find no error. The judgment of the Court of Criminal Appeals is, therefore, affirmed.

AFFIRMED.

HORNSBY, C.J., and MADDOX, JONES, SHORES, ADAMS, HOUSTON and KENNEDY, JJ., concur.

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Petitioner, James Harvey Callahan, was convicted on November 7, 1987, of the capital offense of murder during a kidnapping in the first degree, or an attempt thereof, and was sentenced to death. Ala. Code 1975, § 13A-5-40. The Court of Criminal Appeals affirmed; see Callahan v. State, 557 So.2d 1292 (Ala. 1989).

This petitioner was previously before this Court in Ex parteCallahan, 471 So.2d 463 (Ala. 1985), cert. denied,474 U.S. 1019, 106 S.Ct. 567, 88 L.Ed.2d 552 (1985). There, this Court reversed the judgment and remanded that cause for a new trial because the State had failed to lay the proper predicates in attempting to admit statements made by the defendant. Specifically, the State had failed to show that the statements had been made voluntarily and after the proper Miranda warnings had been given. However, as pointed out in the Court of Criminal Appeals' most recent opinion, the record in the instant case clearly shows that the proper predicate was laid for admission of each of Callahan's statements.

After carefully reviewing the record from the trial court, after reviewing the Court of Criminal Appeals' thorough opinion, especially its treatment of the admissibility of the defendant's statements, and after considering carefully the propriety of the death penalty, we can find no error. The judgment of the Court of Criminal Appeals is, therefore, affirmed.

AFFIRMED.

HORNSBY, C.J., and MADDOX, JONES, SHORES, ADAMS, HOUSTON and KENNEDY, JJ., concur.

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557 So. 2d 1311, 1989 WL 161157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-callahan-ala-1989.

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