In either instance, this Court may affirm the judgment of the circuit court for any reason, even if not for the reason stated by the circuit court.2 See Reed v. State, 748 So.2d 231 (Ala.Crim.App.1999) (If the circuit court is correct for any reason, even though it may not be the stated reason, we will not reverse its denial of the petition.). Bowyer gave officers a description of the men's automobile, which Boswell said was stopped with Carruth at the wheel early Monday. Tatum v. United States of America (INMATE 3), Miller v. United States of America (INMATE 3), Willie B. Smith, III v. Commissioner, Alabama DOC, et al. stated that she did not recall anybody say[ing] that [Carruth] was guilty, that he needs to be sentenced or anything to that effect. (R. Brooks was captured later Monday in neighboring Lee County. I'm glad we were able to have predeliberation at night because we could talk about the evidence we heard that day. Bowyer heard gunshots, and his son's body was pushed into the hole on top of him. Next, Carruth contended that appellate counsel was ineffective for failing to argue that the State engaged in prosecutorial misconduct during its closing argument. The circuit court summarily dismissed the allegations in paragraph 38 as insufficiently pleaded under Rule 32.6(b), Ala. R.Crim. This category only includes cookies that ensures basic functionalities and security features of the website. His determination is entitled to great weight on appeal When there is conflicting testimony as to a factual matter , the question of the credibility of the witnesses is within the sound discretion of the trier of fact. Michael David Carruth (age 25) from Ritzville, Wa 99169 and has no known political party affiliation. And I think, for example, one of [the jurors] did say, I wasn't expecting to see an image of the boy at the morgue (R. Personal details about David include: political affiliation is unknown; ethnicity is Caucasian; and religious views are . Full title:Michael David Carruth v. State of Alabama Court:ALABAMA COURT OF CRIMINAL APPEALS Date published: Mar 14, 2014 CitationsCopy Citation 165 So. P. In the previous subsection, we held that the allegations from paragraphs 3537 and Issue III of his petition were insufficiently pleaded. However, the record does not support Carruth's characterization of counsel's statement. Listening to [defense counsel], I think maybe he ought to go back to the council on Tuesday and recommend a proclamation for Mr. Carruth for being such a fine fella, a real hero, that was going to save this man's life that he just threw in that hole. (R1.2205.) Brooks wasnt talking either, but the jury foreman from Februarys trial spoke up. See Rule 32.7(d), Ala. R.Crim. When we played rummy cube and talked about the trial on the third and fourth nights of the trial we also talked about what sentence Michael Carruth should get., When we played rummy cube and talked about the case, not all of the jurors were in the hotel room. He is best known for winning the welterweight gold medal at the 1992 Summer Olympics in Barcelona. [22-13548] (ECF: Thomas Goggans) [Entered: 10/25/2022 01:22 PM], DocketCertificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Thomas Martele Goggans for Appellant Michael David Carruth. Because the trial court's instructions were not improper, counsel was not ineffective for failing to raise a meritless objection. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. ', A.G. stated: we might have mentioned that a piece of evidence was unusual or something we didn't expect. (C3.61. No hearings. It was also good to have our predeliberations because then we kind of knew how each other felt about Michael Carruth's guilt before our deliberation at court. In his petition, Carruth asserted that there was a prima facie showing that the State exercised many of its peremptory challenges on the basis of race and argued that trial counsel were ineffective for failing to raise an objection under Batson. [A] circuit judge who has personal knowledge of the facts underlying an allegation of ineffective assistance of counsel may summarily deny that allegation based on the judge's personal knowledge of counsel's performance. Partain v. State, 47 So.3d 282, 286 (Ala.Crim.App.2008)(citing Ex parte Walker, 800 So.2d 135 (Ala.2000)). Michael David Carruth, 43, and Jimmy Lee Brooks Jr., 22, were expected to be charged Wednesday with two counts of capital murder in the deaths of Thurman Ray Ratliff, 68, and his wife, Katherine,. [13] [22-13548] (ECF: Thomas Goggans) [Entered: 12/14/2022 10:16 AM], (#12) CJA appointment issued by this court to Attorney Thomas Martele Goggans for Appellant Michael David Carruth. Required fields are marked *. )4 Accordingly, appellate counsel did allege grounds in support of Carruth's motion for a new trial. The mode of transportation was a white Ford Crown Victoria that had a security shield between the front and back seats. 1. No hearings to be transcribed. (C2.39.) [Entered: 10/24/2022 03:39 PM], Death Penalty Case Docketed - Notice of Appeal, Docket(#14) ORDER: Motion for extension to file appellant brief filed by Appellant Michael David Carruth is GRANTED. Therefore, the circuit court was correct to summarily dismiss this claim. It is necessary for the State to present evidence concerning their method of gaining entry into the Bowyer home. When I say predeliberations, I mean when we sat in the motel room on the third and fourth days of the trial playing rummy cube and talking about the case.. Both were being held without bond, Sheriff Tommy Boswell said Tuesday. The circuit court's determination is entitled to great weight on appeal and this Court does not find it to be contrary to the evidence. Handcuffed and wearing a white prison suit, Brooks walked into court to hear his fate. See Lockhart v. McCree, 476 U.S. 162, 106 S.Ct. J.H. Carruth failed to specifically state what evidence trial counsel could have marshaled that would have changed the trial court's ruling nor did he plead any other facts that would have called the ruling into question. Williams v. State, 710 So.2d 1276 (Ala.Cr.App.1996). Here he is trying to save. 's removal may have been sound trial strategy. P. Carruth also claimed, in paragraph 72 of his petition, that counsel were ineffective during closing arguments of the penalty phase when, he says, counsel made the damaging argument to the jury that it is understandable if the Bowyer family wants to kill Mr. Carruth. (C2.38.) The appellant, Michael D. Carruth, was convicted of four counts of capital murder in connection with the murder of 12-year-old William Brett Bowyer ("Brett"). Docket Entry 22. The email address cannot be subscribed. Brooks and 45-year-old Michael David Carruth were arrested hours after the boy and his father, Forest "Butch" Bowyer, were kidnapped from their Phenix City home by two men posing as narcotics agents on the night of February 17th, 2002. Because each of the arguments from Issue V of Carruth's petition were refuted by the record, appellate counsel was not ineffective for failing to raise them on direct appeal. Indeed, Carruth filed a Rule 2(b), Ala. R.App. Michael David Carruth, 43, and Jimmy Lee Brooks Jr., 22, are charged with capital murder and could be sentenced to death if convicted of fatally shooting Bowyer's 12-year-old son, Brett. Thursdays sentencing was in Talladega, ALbecause of change of venue. P. Next, Carruth asserted that the prosecutor committed prosecutorial misconduct by telling the jury that the mayor was present in the courtroom. [22-13548] (ECF: Lauren Simpson) [Entered: 11/17/2022 06:17 PM], (#10) Briefing Notice issued to Appellant Michael David Carruth. [22-13548] (ECF: Thomas Goggans) [Entered: 10/25/2022 01:01 PM], USDC order Granting appointment of counsel as to Appellant Michael David Carruth was filed on 03/16/2015. Furthermore, in Davis v. State, 718 So.2d 1148 (Ala.Crim.App.1995), this Court held: A jury composed exclusively of jurors who have been death-qualified in accordance with the test established in Wainwright v. Witt, 469 U.S. 412, 105 S.Ct. Stay up-to-date with how the law affects your life. also stated that there were no discussions regarding the evidence during breaks or at any other time before formal deliberations began. The underlying and determinative issue in this case is whether a Rule 32, Ala. R.Crim. replied, No. While it is true the striking of one person for a racial reason is a violation of the principles of Batson and grounds for reversal, see Williams v. State, 548 So.2d 501, 507 (Ala.Crim.App.1988), it is equally true that [m]erely showing that the challenged party struck one or more members of a particular race is not sufficient to establish a prima facie case. Edwards v. State, 628 So.2d 1021, 1024 (Ala.Crim.App.1993).. On 10/20/2022 Michael David Carruthfiled a Prisoner - Death Penalty lawsuit against Commissioner, Alabama Department of Corrections. Therefore, Ward never gave any testimony that connected Carruth to the murders in Lee County. On October 25, 2006, Carruth filed a petition for postconviction relief pursuant to Rule 32, Ala. R.Crim. During closing arguments of the penalty phase, the prosecutor stated: I do not make it a practice, and have not made it a practice over the last twenty-five years, to beg a jury for the death penalty. R. 26.1-1(b). The email address cannot be subscribed. Accordingly, the circuit court was correct to summarily dismiss the claims as insufficiently pleaded under Rules 32.3 and 32.6(b), Ala. R.Crim. They also discussed whether Mr. Carruth should get the death penalty. The weight of the evidence was against a jury verdict in favor of the State.. This work includes successfully defending against multi-site and multi-state national organizing blitzes and card . R. 26.1-1(b). 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