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Ex Parte Richardson

Supreme Court of Alabama
Nov 6, 1979
376 So. 2d 228 (Ala. 1979)

Summary

affirming results of remanded sentencing hearing

Summary of this case from Richardson v. Johnson

Opinion

78-183.

September 28, 1979. Rehearing Denied November 6, 1979.

Appeal from the Circuit Court, Houston County, Jerry M. White, J.

Daniel E. Robison, Dothan, for appellant; Herbert Lee Richardson, filed pro se brief.

Charles A. Graddick, Atty. Gen., and Samuel J. Clenney, III, Asst. Atty. Gen., for the State.


This is a death penalty case. Petitioner was tried and convicted of intentionally killing a person by wilfully causing an explosion near a dwelling house. He was sentenced to death pursuant to Code 1975, § 13-11-1, et seq. The Court of Criminal Appeals affirmed his conviction. Richardson v. State, [1978], 376 So.2d 205 (Ala.Cr.App. 1978). This Court granted certiorari to review his conviction on the ground that this was a death case. Rule 39 (c) ARAP. We affirm.

The facts of the case are sufficiently set forth in the decision of the Court of Criminal Appeals.

Petitioner makes two allegations of error: (1) that the initial warrantless search of his automobile was illegal; (2) that the search of his home was conducted pursuant to an improperly issued search warrant. We find no merit in either contention made by petitioner. We agree with the appellate court that Cady v. Dombrowski, 413 U.S. 433, 93 S.Ct. 2523, 37 L.Ed.2d 706 (1973), is applicable and controlling with regard to the automobile search. Regarding the insufficiency of the search warrant for the house, we agree with the reasoning of the Court of Criminal Appeals and cite the following authorities in support of the reasoning of that court: Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978); Rugendorf v. United States, 376 U.S. 528, 84 S.Ct. 825, 11 L.Ed.2d 887 (1964); United States v. Thomas, 489 F.2d 664 (5th Cir., 1973) cert. denied 423 U.S. 844, 96 S.Ct. 79, 46 L.Ed.2d 64 (1975).

We have carefully reviewed the record and find that petitioner's conviction is adequately supported by the evidence.

AFFIRMED.

TORBERT, C.J., and BLOODWORTH, MADDOX, JONES, ALMON and SHORES, JJ., concur.

FAULKNER, EMBRY and BEATTY, JJ., dissent.


Summaries of

Ex Parte Richardson

Supreme Court of Alabama
Nov 6, 1979
376 So. 2d 228 (Ala. 1979)

affirming results of remanded sentencing hearing

Summary of this case from Richardson v. Johnson
Case details for

Ex Parte Richardson

Case Details

Full title:Ex parte Herbert Lee RICHARDSON. (In re Herbert Lee Richardson v. State of…

Court:Supreme Court of Alabama

Date published: Nov 6, 1979

Citations

376 So. 2d 228 (Ala. 1979)

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Richardson v. Johnson

The trial court again imposed a sentence of death and the Alabama Supreme Court affirmed. 376 So.2d 228 (Ala.…

Richardson v. State

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