Robinson v. State

528 So. 2d 343
Court of Criminal Appeals of Alabama·Decided October 14, 1986·Published·Cited by 55 cases

Opinion

528 So.2d 343 (1986)

Sarah Nell ROBINSON
v.
STATE.

1 Div. 53.

Court of Criminal Appeals of Alabama.

October 14, 1986.
Rehearing Denied February 18, 1988.
Certiorari Denied July 1, 1988.

*344 Stephen M. Gudac, Mobile, for appellant.

Charles A. Graddick, Atty. Gen., and Gerrilyn V. Grant, Asst. Atty. Gen., for appellee.

Alabama Supreme Court 87-663.

McMILLAN, Judge.

The appellant, Sarah Nell Robinson, was found guilty of the murder of her husband and was sentenced to ten years' imprisonment.

Officer James Graham, of the Chickasaw Police Department, testified that he investigated the homicide at the appellant's residence wherein he found the victim, Mr. Copeland, shot through the neck and lying in bed with a .22 revolver on the floor beside the bed. During the investigation of the house, the possibility of burglary was raised when Officer Graham found the kitchen window screen with a cut in it lying on the counter and a pair of scissors nearby. However, he further testified that there was no evidence that anyone had come through the window, because the dust and medicine bottles on the window sill were undisturbed and, further, there were no footprints outside of the window.

*345 The victim's sister-in-law, a nurse, testified that she was called by the appellant on the day of the murder and she stated that upon her arrival at the house she found the appellant to be very composed. Officer Graham also testified that the appellant appeared extremely calm and showed no emotion. However, the sister-in-law testified that later the appellant asked her for a nerve pill and that when she looked in the appellant's purse, she observed some bullets. She also testified that the appellant was having financial problems with her beauty shop and that she had told her that she believed her husband was being unfaithful and wanted to borrow a wig and glasses to follow him.

Chief Hollinhead, of the Chickasaw Police Department, testified that as a result of his investigation, he believed that there was no burglary of the appellant's home. He found a screwdriver on top of a chest in the appellant's bedroom which appeared to have been used to remove the screen in the kitchen window. Chief Hollinhead also testified that he had received a complaint of a robbery of the appellant's business filed by her in 1977, and that he later found out that the robbery had been faked. In her statement, the appellant admitted to faking this robbery and shooting herself. Chief Hollinhead stated that a few months before the murder, there was also a complaint of an attempted burglary at the appellant's residence.

Sergeant Jack Creekmore testified that he had investigated a burglary complaint at the appellant's residence which was filed by her in 1979. He stated that in his opinion there was no burglary at the appellant's residence; however, she reported that a set of ladies' wedding rings and $100 in cash had been stolen.

The appellant's half-sister identified an engagement ring which she had been given by the appellant's mother as the ring which had been reported stolen in the 1979 burglary. She further testified that the appellant had told her that she was having financial and marital difficulties.

In her statement made to the police after being advised of her Miranda rights, the appellant admitted faking the robbery of her business, as previously noted, and also admitted that she had been having marital problems and had in her possession both a .22 and a .38 caliber pistol prior to her husband's murder. She also admitted to a similarity between the ring she reported stolen and the ring that was in the possession of the authorities.

I

The appellant contends that the trial court erred in denying her motion for continuance, which was predicated on the State's failure to make timely discovery or, in the alternative, whether such failure mandated a new trial. The appellant claims that, pursuant to the discovery order, the State failed to disclose numerous statements allegedly made by the defendant to various police officers, a written transcript of the statement made by the victim's daughter, which was never admitted into evidence, and the ring which had allegedly been stolen in the 1979 burglary.

In Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), the United States Supreme Court held, that "the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution." 373 U.S. at 87, 83 S.Ct. at 1196-97, 10 L.Ed.2d at 218. "`A fair analysis of the holding in Brady indicates that implicit in the requirement of materiality is a concern that the suppressed evidence might have affected the outcome of the trial.' United States v. Agurs, 427 U.S. 97, 96 S.Ct. 2392, 2398, 49 L.Ed.2d 342 (1976)." Parker v. State, 482 So.2d 1336 at 1340 (Ala.Cr.App.1985). Thus, where the prosecutor fails to disclose evidence, regardless of its admissibility or its trustsworthiness, the crucial question is whether the non-disclosure might have affected the outcome of the trial. State v. Kimberly, 463 So.2d 1106, 1108 (Ala.Cr.App.1984), rev'd, Ex parte Kimberly, 463 So.2d 1109 (Ala.1984). "[T]he omission must be evaluated in the context of the entire record. If *346 there is no reasonable doubt about guilt whether or not the additional evidence is considered, there is no justification for a new trial. On the other hand, if the verdict is already of questionable validity, additional evidence of relatively minor importance might be sufficient to create a reasonable doubt." United States v. Agurs, supra, 427 U.S. at 112-13, 96 S.Ct. at 2401-02, 49 L.Ed.2d at 349. "`The principle of Mooney v. Holohan, [294 U.S. 103, 55 S.Ct. 340, 79 L.Ed. 791 (1935),] is not punishment of society for misdeeds of a prosecutor but avoidance of an unfair trial to the accused.' Brady, 373 U.S. at 87, 83 S.Ct. at 1197." State v. Kimberly, supra, at 1108-09. The materiality of non-disclosed evidence is determined under the following analysis: where the non-disclosed evidence was specifically requested, a new trial should be granted if the non-disclosure could have affected the trial's outcome and, where the request was merely for exculpatory material or no request was made, the conviction should be reversed if the non-disclosed evidence would create a reasonable doubt that did not otherwise exist. McMullin v. State, 442 So.2d 155, 157-8 (Ala.Cr.App. 1983). "This does not mean, however, that the rules will be enforced blindly; the trial judge has some discretionary power to grant relief for violation of discovery rules: `Non-compliance. If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this rule, or with an order issued pursuant to this rule, the court may order such party to permit the discovery or inspection; grant a continuance if requested by the aggrieved party; prohibit the party from introducing evidence not disclosed; or enter such other order as the court deems just under the circumstances.' Temp. Rule 18.5(a), A.R. Crim.P." Young v. State, 494 So.2d 862 (Ala.Cr.App.1986).

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