Hellums v. State

549 So. 2d 611, 1989 Ala. Crim. App. LEXIS 199, 1989 WL 70389
CourtCourt of Criminal Appeals of Alabama
DecidedMay 12, 1989
Docket6 Div. 734
StatusPublished
Cited by7 cases

This text of 549 So. 2d 611 (Hellums v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hellums v. State, 549 So. 2d 611, 1989 Ala. Crim. App. LEXIS 199, 1989 WL 70389 (Ala. Ct. App. 1989).

Opinion

TAYLOR, Presiding Judge.

The appellant, Johnny Lee Heliums, was convicted of capital murder, in violation of § 13A-5-40(a)(10), Code of Alabama 1975. He was sentenced to life in the State penitentiary without the possibility of parole.

The facts tended to show that the appellant and his wife, Diane Heliums, had been living in a mobile home on County Road 34 between Winfield and Fayette up until December 31, 1986. On this date they separated. Living in the home with the couple were Teresa, Mark, and Steve Corbin, Diane’s children by a previous marriage, and Michael Heliums, the appellant’s son by a previous marriage.

On the evening of January 3, 1987, Jimmy Morrison, the brother of Diane Hel-iums, went to the home of the appellant. It was decided that Mr. Morrison would take his two children and two of Mrs. Hel-lums’s children to the skating rink. The appellant agreed to pick up the children after the skating rink closed. Before the group left, two of Mrs. Hellums’s children requested that the appellant approach their mother and plead with her to return to the family home.

Later that evening, Jimmy Morrison saw the appellant at Morrison’s mother’s residence. Mr. Heliums asked Mr. Morrison if he would accompany him to town, and Mr. Morrison agreed. They each enjoyed one beer on the trip to Fayette.

Once in Fayette, the appellant drove to Terrace Park Apartments, where he saw his wife’s car parked. Both Mr. Heliums and Mr. Morrison were aware that Diane Hellums’s relative by marriage, Sadie Lynn Milligan, lived at those apartments with Willis Pennington and their children. Morrison told the appellant not to “go in and say nothing to Diane and make her mad because she’s fixing to come home.”

Nevertheless, Mr. Heliums got out of his car and went to the apartment where Milli-gan and Pennington lived. Before getting out of the car, the appellant took a gun out of his car and put the gun in the back of his pants under his shirttail and vest. Mr. Morrison, who remained seated on the passenger side of Mr. Hellums’s car, saw the appellant knock on the apartment door and then enter the dwelling.

Once inside the apartment, the appellant saw his wife, Milligan, Pennington, and Ms. Milligan’s three-month-old baby sitting on [613]*613the couch. After a brief conversation with his wife in the den, the appellant and his wife went into the kitchen and again talked. They were discussing the possibility of Mrs. Hellums’s returning to the marital home.

Shortly thereafter, Mrs. Heliums went back into the den and sat back down on the couch. Milligan, Pennington, and the child were still sitting on the couch. The appellant again asked Mrs. Heliums to return home. She refused.

At this point, the appellant pulled the gun from his pants and shot his wife in the chest. He next shot Willis Pennington in the leg and then he shot Sadie Milligan in the chest. He then left the apartment.

Jimmy Morrison, who was still waiting for the appellant in the car, heard the three shots. He got out of the car and as he approached the apartment, he was met by the appellant. Heliums handed the gun to Morrison and said, “Jimmy, I shot Diane, Willis, and Sadie.” Morrison handed the gun back to Heliums and they went into the apartment.

Once inside, the appellant called the police. He indicated to the dispatcher that “We’ve had a killing” and “I shot them.” The police quickly arrived and Johnny Hel-iums was placed under arrest and taken into custody at the Payette County Sheriff’s Department. Diane Heliums and Sadie Milligan each died of a single gunshot wound to the chest. Willis Pennington recovered from his wounds.

The appellant raises two issues on appeal.

I

The appellant first contends that the trial court erred in allowing hearsay testimony for the purpose of impeaching an immaterial fact, over objection by the defendant. That testimony concerned threats against a third person, i.e., Michael Hel-iums, allegedly made by the defendant. The appellant further argues that the reason that the testimony was immaterial was because the threats had no connection to either victim.

The testimony in question is as follows:

“Q Danny, do you recall being in the— “MR. JOHNSON: I might say to preface this, Your Honor, what I’m offering here is not a hearsay statement and it’s not for the purpose of merely impeaching Michael Heliums, this is further testimony in rebuttal.
“THE COURT: Okay.
“Q Danny, do you recall being in the automobile on a trip with Johnny and Michael shortly before this incident?
“A (Witness nods affirmatively.)
“Q Where were you all going?
“A Houston, Mississippi.
“Q Do you know when that was?
“A It was on Thursday night.
“Q That was on Thursday night before the killing on Saturday?
“A Yes, sir.
“Q Was there any conversation there in the car with you and Johnny Heliums and Michael between Johnny and his son Mike?
“A Yes, sir.
“Q Tell the jury what they said to each other, please.
“MR. COLVIN: Your Honor, we object to what Michael—
“MR. HOLLINGSWORTH: We object to what Michael said, Your Honor, as being hearsay.
“THE COURT: Michael or Johnny? “MR. JOHNSTON: It’s a conversation that the defendant engaged in, Your Honor.
“MR. COLVIN: With his son Michael. He’s trying to solicit testimony from Michael who has been on the stand. “MR. JOHNSTON: We’ve given him the time and place and who was present and we’re offering to show what the defendant said.
“THE COURT: Overruled.
“A We were — my dad had told Johnny that Diane—
“MR HOLLINGSWOTH: Object, Your Honor, to what his dad had told anybody.
[614]*614“THE COURT: Sustained.
“Q Just leave that out and tell us what was said there in the defendant’s presence and what he said, not what somebody you understand had told him.
“A Johnny had told Michael he ought to blow his head off for wrecking his marriage.
“Q He said that there in the car?
“A Yes, sir.
“MR. JOHNSTON: That’s all, thank you.
“MR. HOLLINGSWORTH: Your Hon- or, we’re going to object to that, it has nothing to do with the charges pending for the defendant. We move for a mistrial. It’s immaterial and irrelevant.
“MR. JOHNSON: Your Honor, it has to do with the marriage.
“MR. HOLLINGSWORTH: It’s a threat made against somebody totally different, if it’s true at all. It has nothing to do with the victims.
“THE COURT: I’ll overrule the objection.
“MR. JOHNSON: Not from this witness, Your Honor.

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Bluebook (online)
549 So. 2d 611, 1989 Ala. Crim. App. LEXIS 199, 1989 WL 70389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hellums-v-state-alacrimapp-1989.