At page 945 Denial of petition for writ of certiorari3 citing cases
- Shanklin v. State, 187 So. 3d 734 (Ala. Crim. App. 2014).publishedShanklin contends that the prosecutor “engaged in repeated misconduct by improperly communicating to the jury that the State felt that the death penalty was the appropriate punishment in this case, improperly vouching for the State’s witne…
- White v. State, 179 So. 3d 170 (Ala. Crim. App. 2013).publishedId.” Ferguson v. State, 814 So.2d at 945-46.
At page 965 Determining whether mental retardation is a mitigating circumstance2 citing cases
- Ferguson v. State, 13 So. 3d 418 (Ala. Crim. App. 2008).published Testimony also showed that in late July 1997, shortly after the bank robbery in Belmont, Ferguson paid $1,750 in cash for a used car, using `new' $20 bills." Ferguson v. State, 814 So.2d at 934-37 (footnotes omitted).
- Ex Parte Ferguson, 814 So. 2d 970 (Ala. 2001).published As in Burgess, supra, `[i]t would take a strained interpretation of the trial court's weighing of the aggravating and mitigating circumstances to conclude that the court improperly considered any nonstatutory aggravating circumstances.' Ac…
At page 934 cited at this page1 citing case
- Ferguson v. State, 13 So. 3d 418 (Ala. Crim. App. 2008).published Testimony also showed that in late July 1997, shortly after the bank robbery in Belmont, Ferguson paid $1,750 in cash for a used car, using `new' $20 bills." Ferguson v. State, 814 So.2d at 934-37 (footnotes omitted).
At page 949 cited at this page1 citing case
- McMillan v. State, 139 So. 3d 184 (Ala. Crim. App. 2010).publishedMoreover, ‘[a] prosecutor has a right based on fundamental fairness to reply in kind to the argument of defense counsel.’ DeBruce v. State, 651 So.2d 599, 609 (Ala.Crim.App.1993), aff'd, 651 So.2d 624 (Ala.1994).” Ferguson v. State, 814 So…
At page 959 cited at this page1 citing case
- Ex Parte Ferguson, 814 So. 2d 970 (Ala. 2001).published As in Burgess, supra, `[i]t would take a strained interpretation of the trial court's weighing of the aggravating and mitigating circumstances to conclude that the court improperly considered any nonstatutory aggravating circumstances.' Ac…
Other citing cases
- Ward v. State, 228 So. 3d 490 (Ala. Crim. App. 2017).published
- Martin v. State, 931 So. 2d 736 (Ala. Crim. App. 2003).published
- Lansdell v. State, 25 So. 3d 1169 (Ala. Crim. App. 2007).published
- Jones v. State, 987 So. 2d 1156 (Ala. Crim. App. 2006).published
- Pilley v. State, 930 So. 2d 550 (Ala. Crim. App. 2005).published
v.
State).
The petition for the writ of certiorari is denied.
In denying the petition for the writ of certiorari, this Court does not wish to be understood as approving all the language, reasons, or statements of law in the Court of Criminal Appeals' opinion. Horsley v.Horsley, 291 Ala. 782, 280 So.2d 155 (1973).
PETITION DENIED.
Moore, C.J., and See, Lyons, Brown, Johnstone, Harwood, Woodall, and Stuart, JJ., concur.