Ex Parte EJM

928 So. 2d 1081, 2005 WL 2692483
CourtSupreme Court of Alabama
DecidedOctober 21, 2005
Docket1040160
StatusPublished

This text of 928 So. 2d 1081 (Ex Parte EJM) 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 EJM, 928 So. 2d 1081, 2005 WL 2692483 (Ala. 2005).

Opinion

928 So.2d 1081 (2005)

Ex parte E.J.M.
(In re E.J.M.
v.
State of Alabama).

1040160.

Supreme Court of Alabama.

October 21, 2005.

*1082 Chris Malcom and Errek Jett of Malcom, Terry & Jett, P.C., Moulton, for petitioner.

Troy King, atty. gen., and P. David Bjurberg and Corey L. Maze, asst. attys. gen., for respondent.

SEE, Justice.

E.J.M. appealed to the Court of Criminal Appeals from the order of the Juvenile Court of Lawrence County transferring his case to the Lawrence Circuit Court for prosecution as an adult. The Court of Criminal Appeals affirmed the juvenile court's transfer order, without an opinion. E.J.M. v. State, 928 So.2d 1077 (Ala.Crim. App.2004) (Cobb and Shaw, JJ., concurring in the result). We granted E.J.M.'s petition for the writ of certiorari, and we affirm the Court of Criminal Appeals' judgment.

Facts and Procedural History

The evidence at the transfer hearing shows as follows. On the evening of July 15, 2003, E.J.M. visited Cole Cannon's mobile home. Cannon showed E.J.M. his baseball-card collection, which E.J.M. thought was valuable. Around midnight, Cannon went to E.J.M.'s mobile home. While Cannon was at E.J.M.'s mobile home, E.J.M. and his friend, Colby Smith, went to Cannon's mobile home and stole the baseball-card collection. E.J.M. hid the baseball-card collection behind another mobile home and retrieved it after Cannon left E.J.M.'s mobile home.

According to E.J.M., he returned to Cannon's mobile home with Smith early that morning after drinking and using drugs. E.J.M. testified that Cannon was also drunk when they arrived at his mobile home. Cannon had told E.J.M. and Smith that he had some "acid" in his possession, *1083 but he did not have any "acid" when E.J.M. and Smith visited him. E.J.M. and Smith got into a fight with Cannon. According to E.J.M., Smith struck Cannon with a baseball bat to protect E.J.M., and E.J.M. punched Cannon in the face several times. E.J.M. then took $350 and Cannon's driver's license from Cannon's wallet. E.J.M. told the police that he may have started a fire in Cannon's mobile home, but he could not remember because he was drunk at the time.

Smith gave the police a different account of what happened that night. He stated that after he and E.J.M. stole Cannon's baseball-card collection, they went back to Cannon's mobile home three times. Smith stated that the first time they returned, E.J.M. hit Cannon with a baseball bat and took money from Cannon's wallet. Smith said that E.J.M. cleaned up the blood and then hid the baseball bat and the empty wallet. E.J.M. then set fire to the couch and started fires in two other areas in the mobile home. According to Smith, E.J.M. and Smith returned to Cannon's mobile home a second time, and E.J.M. turned on the faucet in the kitchen sink in an attempt to make it overflow to stop the fire. Smith stated that on their third and final trip, because the smoke was so thick, they could not enter Cannon's mobile home, so they returned to E.J.M.'s mobile home.

Cannon died from smoke inhalation; the blunt-force trauma to his head was a contributing factor in his death. The autopsy revealed that Cannon had suffered several broken ribs and a contusion to his forehead.

At the time of these events, E.J.M. was 14 years old. The State moved the juvenile court for a hearing to transfer E.J.M. from the juvenile court to the circuit court for treatment as an adult offender because he was charged with two counts of capital murder. E.J.M. was charged with murder made capital because it was committed during the course of a robbery, see § 13A-5-40(a)(2), Ala.Code 1975, and murder made capital because the death occurred as the result of arson, see § 13A-5-40(a)(9), Ala.Code 1975.

Based on his status as an indigent and his history of mental illness, E.J.M. moved the juvenile court for funds to retain a mental-health expert to testify at his transfer hearing. E.J.M. requested $6,000 in State funds to retain Karen Salekin, Ph.D., a mental-health and juvenile-delinquency expert. The juvenile court was aware that Karen Lang, E.J.M.'s juvenile probation officer, had stated that she was concerned about his mental health. However, the juvenile court denied E.J.M.'s motion for funds to retain a mental-health expert.

E.J.M. then moved the juvenile court for an outpatient mental evaluation. The juvenile court granted that motion and ordered that E.J.M. undergo a psychological evaluation by the Alabama Department of Mental Health and Mental Retardation. Dr. Brent Willis, Psy.D. (doctor of clinical psychology), a mental-health expert at the Taylor Hardin Secure Medical Facility, evaluated E.J.M. and prepared a report. Dr. Willis diagnosed E.J.M. with a depressive disorder, oppositional defiant disorder, conduct disorder, and substance abuse. Following Dr. Willis's examination, E.J.M. again moved the juvenile court for funds to retain the mental-health expert of his choosing, Dr. Salekin. The juvenile court once again denied E.J.M.'s motion.

At the transfer hearing held pursuant to § 12-15-34(d), Ala.Code 1975, Dr. Willis testified to E.J.M.'s mental health.[1] Dr. *1084 Willis concluded that E.J.M. was sufficiently emotionally mature for his case to be transferred to the circuit court. The juvenile court transferred the case to the circuit court.

E.J.M. appealed the juvenile court's transfer order to the Court of Criminal Appeals. The Court of Criminal Appeals affirmed the juvenile court's order, without an opinion, and we granted E.J.M.'s petition for the writ of certiorari.

Standard of Review

The facts before us are undisputed. When we address a pure question of law, our standard of review is de novo. Christian v. Murray, 915 So.2d 23 (Ala.2005); State v. American Tobacco Co., 772 So.2d 417, 419 (Ala.2000); and Ex parte Graham, 702 So.2d 1215, 1221 (Ala.1997).

Analysis

We granted E.J.M.'s petition for certiorari review to consider E.J.M.'s arguments (1) that the Court of Criminal Appeals' decision conflicts with Kent v. United States, 383 U.S. 541, 86 S.Ct. 1045, 16 L.Ed.2d 84 (1966); (2) that two of the cases the Court of Criminal Appeals relied upon in affirming the transfer order, Ex parte H.P.W., 628 So.2d 514 (Ala.1993), and L.L.J. v. State, 746 So.2d 1052 (Ala. Crim.App.1999), are inconsistent; and (3) that H.P.W. should be overruled. The substance of E.J.M.'s argument is that when the juvenile court denied his request for State funds to retain a mental-health expert of his own choosing, he was denied due process and his fundamental right to present expert testimony at the transfer hearing.

I.

E.J.M. argues that the Court of Criminal Appeals' decision in his case contradicts the decision of the Supreme Court of the United States in Kent v. United States, 383 U.S. 541, 86 S.Ct. 1045, 16 L.Ed.2d 84 (1966). In Kent, the Supreme Court held that the transfer of a juvenile case to the circuit court where the juvenile would be treated as an adult offender was invalid because the juvenile court did not rule on any motions, hold a hearing, or confer with Kent, Kent's parents, or Kent's counsel before ordering the transfer. 383 U.S. at 546, 86 S.Ct. 1045.

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Related

Kent v. United States
383 U.S. 541 (Supreme Court, 1966)
Ross v. Moffitt
417 U.S. 600 (Supreme Court, 1974)
Ake v. Oklahoma
470 U.S. 68 (Supreme Court, 1985)
Ex Parte Graham
702 So. 2d 1215 (Supreme Court of Alabama, 1997)
Christian v. Murray
915 So. 2d 23 (Supreme Court of Alabama, 2005)
State v. the American Tobacco Company
772 So. 2d 417 (Supreme Court of Alabama, 2000)
Whisenhant v. State
482 So. 2d 1225 (Court of Criminal Appeals of Alabama, 1982)
W.T.K. v. State
586 So. 2d 850 (Supreme Court of Alabama, 1991)
H. P. W. v. State
628 So. 2d 514 (Supreme Court of Alabama, 1993)
L.L.J. v. State
746 So. 2d 1052 (Court of Criminal Appeals of Alabama, 1999)
E.J.M. v. State
928 So. 2d 1077 (Court of Criminal Appeals of Alabama, 2004)
E.J.M. v. State
928 So. 2d 1081 (Supreme Court of Alabama, 2005)

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Bluebook (online)
928 So. 2d 1081, 2005 WL 2692483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-ejm-ala-2005.