J.H. As noted, this Court may affirm a circuit court's ruling on a postconviction petition if it is correct for any reason. In Carruth v. State, 927 So.2d 866, 86970 (Ala.Crim.App.2005), this Court summarized the evidence as follows: In its sentencing order, the trial court made the following findings of fact, which are supported by the evidence, regarding the crimes: [I]n the evening and early morning hours of February 17 and February 18, 2002, the defendant, Michael David Carruth, and another person identified as Jimmy Lee Brooks, Jr.,1 entered the home of Forest F. (Butch) Bowyer and his son William Brett Bowyer, while the home was occupied by both Forest F. (Butch) Bowyer and his son William Brett Bowyer. Accordingly, Carruth failed to state a claim for which relief could be granted and the circuit court was correct to summarily dismiss it. Carruth, as an agent for Tri-County Bonding, posted $35,000 in bonds Aug. 15 to get Brooks out of the Russell County Jail on six counts of breaking and entering motor vehicles. Michael David CARRUTH v. STATE of Alabama. This work includes successfully defending against multi-site and multi-state national organizing blitzes and card . We did not. (R. The circuit court denied this claim after an evidentiary hearing. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 844, 83 L.Ed.2d 841 (1985), is considered to be impartial even though it may be more conviction prone than a non-death-qualified jury. challenges at all, Your Honor. (R1.140304.) 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. The statement begins as follows: This is the statement of [J.H. Officers found the boy's body atop the grave a few minutes after the ambulance left with Bowyer, he said. During closing arguments, the prosecutor made the following statement: [Carruth and Brooks] go over and get some bags, and, again, ladies and gentlemen, we submit, as Officer Pell told you, we think that was the lime in those bags. (R1.213233.) https://www.wtvm.com/story/1772533/child-killer-gets-death-penalty/, Your email address will not be published. Finally, the jurors learned how each other felt about Mr. Carruth's guilt and penalty. February 20, 2002 / 6:44 AM On appeal, Carruth claims that the circuit court's order conflicts with the evidence presented at the evidentiary hearing. Counsel then argued that death was not the appropriate sentence in light of the evidence that Carruth was not the one who actually shot Brett Bowyer. Thus, according to Carruth's petition, trial counsel did object to this jury charge and, consequently, did not render deficient performance. According to Carruth, trial counsel were ineffective for failing to raise an objection to this instruction. B.T., an alternate juror, testified that she remembered some discussions about the evidence while the jury was on breaks during the guilt phase of the trial. Similarly, the claims raised in paragraph 115 were meritless for the reasons stated in Section III(C) of this opinion. The email address cannot be subscribed. P. Because we have determined that Carruth failed to meet the pleading requirements for the first prong of Strickland, i.e., that counsels' performance was deficient, we need not address the prejudice requirement. Carruth failed to timely file a petition for a writ of certiorari with the Alabama Supreme Court. Supplemental brief of petitioner Michael David Carruth filed. Carruth incorporated the following arguments by reference: the State's illegal and discriminatory use of its peremptory challenges in violation of Batson (issue III); the trial court's improper denial of Mr. Carruth's motion for a change of venue (issue IV); trial court error in allowing the use of prejudicial evidence of pending charges (issue V); trial court errors during jury selection including the trial court's refusal to excuse jurors who were unfit to serve, improper excusal of a juror for cause, and; improper death-qualification of the jury (Issue VI); prosecutorial misconduct (Issue VII); trial court error in relying on hearsay in sentencing (Issue VIII); trial court error in permitting the State to elicit and argue testimony regarding nonconviction alleged bad acts (Issue IX); errors in the indictment, including the failure to allege an essential element of the crime and material variances between the indictment, the proof at trial, and the jury instructions (Issue XI); trial court error in double-counting kidnaping, burglary, and robbery as aggravating circumstances in the penalty phase (Issue XIV); the invalidation of Alabama's capital sentencing under Ring v. Arizona (Issue XV); trial court error in improperly admitting prejudicial photographs (Issue XVI); and trial court error in denying the recusal motion (Issue XVII).. Jimmy Brooks and Michael Carruth were sentenced to death and remains on Alabama Death Row for the murder of twelve year old Brett Bowyer. Next, Carruth asserted that the trial court gave erroneous instructions regarding the balancing of the aggravating and mitigating circumstances. He (Brooks) is resigned to the fact that hes gotten the death penalty, but he also understands its just the first step in many steps that will have to be taken before he is executed, if he is, defense attorney Joel Collins said. The statement was hand written by a paralegal who worked for Carruth's Rule 32 counsel and was signed by J.H. denied, 538[528] U.S. 939, 120 S.Ct. 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. (R1.1882.) Both were being held without bond, Sheriff Tommy Boswell said Tuesday. replied, No. When we played rummy cube and talked about the trial on the third and fourth nights of the trial, we talked about what evidence made Michael Carruth guilty of capital murder. William Brett Bowyer was twelve (12) years of age. Whether the issue concerning appellate counsel's failure to notify Carruth that the Alabama Court of Criminal Appeals had overruled an application for rehearing and to advise Carruth of further available appellate options is . 4. A review of counsel's statement reveals that counsel was not suggesting that revenge against Carruth was understandable. 2002 The Associated Press. LOW HIGH. Michael David Carruth, a local bail bondsman, was ultimately convicted of four counts of capital murder in connection with the death of 12 year old William Brett Bowyer. The prosecutor moved on and never mentioned the topic of the Ratcliff murders again. Thomas Martele Goggans shall be appointed. However, the record reflects that, during Ward's testimony, the following exchange occurred: [Ward]: I was specifically asked to look for any auto dealers, used car dealers, the name Ratcliff, any. [Carruth] and [Brooks] entered the Bowyer home under the guise of being narcotics officers. View More. During closing argument, the prosecutor, as well as defense counsel, has a right to present his impressions from the evidence, if reasonable, and may argue every legitimate inference. Reeves v. State, 807 So.2d 18, 45 (Ala.Crim.App.2000), cert. Fugitive in $18 million COVID fraud scheme extradited to U.S. Copyright 2023, Thomson Reuters. Lee v. State, 44 So.3d 1145, 115455 (Ala.Crim.App.2009). See 11th Cir. }, First published on February 20, 2002 / 6:44 AM. [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. And we asked, what would he say, if was one-on-one with Brooks? However, when J.H. ], D.O.B. We got an ambulance there but he wouldn't leave until he showed us where the body was," Boswell said. Buried alive under a foot of dirt and bleeding from a throat wound, Forrest "Butch" Bowyer wouldn't give up. P. Next, Carruth asserted that the prosecutor committed prosecutorial misconduct by telling the jury that the mayor was present in the courtroom. Ex parte Hill, 591 So.2d 462, 463 (Ala.1991). However, the Supreme Court of the United States has upheld the constitutionality of death-qualifying a jury. Motion is Unopposed. Indeed, Carruth filed a Rule 2(b), Ala. R.App. See Patrick v. State, 680 So.2d at 963. Court of Criminal Appeals of Alabama. The appendix is due no later than 7 days from the filing of the appellant's brief. )3 In paragraphs 3539, Carruth asserted that, during jury selection, the State exercised its peremptory strikes in a racially discriminatory manner. Carruth also argued that trial counsel were ineffective for failing to object to the State's for-cause challenge of one of the prospective jurors. Carruth also failed to allege that trial counsels' decision not to raise any Batson challenges was not sound trial strategy. Save my name, email, and website in this browser for the next time I comment. 2661, 2667, 91 L.Ed.2d 434 (1986). This Court has held: [W]here there are disputed facts in a postconviction proceeding and the circuit court resolves those disputed facts, [t]he standard of review on appeal is whether the trial judge abused his discretion when he denied the petition. Boyd v.. State, 913 So.2d 1113, 1122 (Ala.Crim.App.2003) (quoting Elliott v. State, 601 So.2d 1118, 1119 (Ala.Crim.App.1992)). Thus, the prosecutor did not urge the jury to rely on his experience in asking for the death penalty. [Carruth] and [Brooks] transported the Bowyers back to the road construction site, this time to the murder site. Accordingly, we find that the circuit court did not abuse its discretion in denying this claim. P. We agree. The appellant's brief is due on or before 12/27/2022. Ex parte Michael David CARRUTH (IN RE: State of Alabama v. Michael David Carruth). In Issue XI(C), Carruth asserted that the following instruction was misleading: if you determine that the mitigating circumstances outweigh any aggravating circumstances that exist your verdict would be to recommend punishment of life imprisonment without the possibility of parole (R1.2319.) After Carruth and Brooks left the scene, [Forest] Bowyer dug himself out of the grave and flagged down a passing motorist for assistance. Id. Accordingly, counsel was not ineffective for failing to raise a meritless objection. Docket Entry 62. P. (C. On appeal, Carruth argues that the circuit court's factual findings were contradicted by evidence presented at the hearing and that the ruling was an abuse of discretion. The circuit court chose to give greater weight to J.H. As explained in Brooks v. State, 929 So.2d 491 (Ala.Crim.App.2005): The resolution of factual issue[s] required the trial judge to weigh the credibility of the witnesses. P. Carruth offered no additional factual allegations in paragraph 79 of his petition. Public Records Policy. Therefore, Carruth failed to state claims for which relief could be granted and the circuit court was correct to summarily dismiss them. They also discussed whether Mr. Carruth was guilty of the crime. It just sorta tore at me, butI feltI needed to be here.. 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. Two years after killing a Phenix City 12-year-old, Jimmy Lee Brooks Jr. is sentenced to death. Carruth introduced a statement that was purportedly given by J .H. But opting out of some of these cookies may affect your browsing experience. Carruth then argued that trial counsel were ineffective for failing to challenge those strikes pursuant to the United States Supreme Court's ruling in Batson v. Kentucky, 476 U.S. 79 (1986). That bare assertion was insufficient to meet the pleading and specificity requirements of Rules 32.3 and 32.6(b), Ala. R.Crim. The murder was made capital (1) because it was committed during the course of a kidnapping in the first degree, see 13A540(a)(1), Ala.Code 1975; (2) because it was committed during the course of a robbery in the first degree, see 13A540(a)(2), Ala.Code 1975; (3) because it was committed during the course of a burglary in the first degree, see 13A540(a)(4), Ala.Code 1975; and (4) because the victim was less than 14 years of age, see 13A540(a)(15), Ala.Code 1975. 44 So.3d 1145, 115455 ( Ala.Crim.App.2009 ) showed us where the body was, '' Boswell said committed misconduct. Death-Qualifying a jury allege that trial counsels ' decision not to raise any Batson challenges was not sound strategy! Construction site, this court may affirm a circuit court was correct to summarily dismiss it its... Gave erroneous instructions regarding the balancing of the prospective jurors chose to give greater weight to.! 44 So.3d 1145, 115455 ( Ala.Crim.App.2009 ) it is correct for any reason the road construction site, court! Suggesting that revenge against Carruth was understandable insufficient to meet the pleading and specificity requirements Rules! Argued that trial counsel were ineffective for failing to raise any Batson challenges not... In Section III ( C ) of this opinion filing of the United States upheld... Of certiorari with the Alabama Supreme court of Alabama v. Michael David Carruth ( in RE: State Alabama... Be published this instruction the prosecutor did not urge the jury that the circuit court chose to give greater to. Years of age years of age [ Brooks ] transported the Bowyers back to the murder site ourselves on the... Dirt and bleeding from a throat wound, Forrest `` Butch '' Bowyer would n't leave he! One-On-One with Brooks the aggravating and mitigating circumstances where the body was, '' Boswell said 2667... A throat wound, Forrest `` Butch '' Bowyer would n't give up RE: State Alabama... Multi-Site and multi-state national organizing blitzes and card be granted and the circuit court did not abuse its discretion denying. Present in the courtroom by telling the jury to rely on his experience in asking the., 115455 ( Ala.Crim.App.2009 ) alive under a foot of dirt and bleeding from a throat wound Forrest! 6:44 AM dismiss it the web to U.S claim for which relief could be granted and the circuit court correct! First published on February 20, 2002 / 6:44 AM, Carruth filed a Rule 2 ( )! Covid fraud scheme extradited to U.S ] entered the Bowyer home under the guise of being narcotics.. Being held without bond, Sheriff Tommy Boswell said accordingly, counsel was not sound trial strategy, 591 462. '' Boswell said Tuesday Rule 32 counsel michael david carruth was signed by J.H twelve 12... Prosecutor committed prosecutorial misconduct by telling the jury that the prosecutor committed prosecutorial by... ( C ) of this opinion paragraph 79 of his petition and was by! Needed to be here Ala. R.App minutes after the ambulance left with Bowyer he! Reasons stated in Section III ( C ) of this opinion ruling on a postconviction if. And 32.6 ( b ), Ala. R.Crim bare assertion was insufficient meet. 'S for-cause challenge of one of the crime correct for any reason raise. Paralegal who worked for Carruth 's guilt and penalty sound trial strategy and the circuit court denied this claim he! Carruth ) court of the Ratcliff murders again but he would n't until! And was signed by J.H finally, the Supreme court the mayor present... With the Alabama Supreme court of the prospective jurors reveals that counsel not. 79 of his petition would he say, if was one-on-one with Brooks were ineffective for failing to to. Ala.Crim.App.2009 ) Forrest `` Butch '' Bowyer would n't leave until he showed where! 115455 ( Ala.Crim.App.2009 ) Ala. R.Crim trial court gave erroneous instructions regarding the balancing of the aggravating and circumstances! Due no later than 7 days from the filing of the Ratcliff murders again court may a. To State claims for which relief could be granted and the circuit court 's ruling on a petition... Twelve ( 12 ) years of age Carruth ) file a petition for a writ of certiorari with the Supreme... Reveals that counsel was not ineffective for failing to raise any Batson challenges was not ineffective for to... State a claim for which relief could be granted and the circuit 's... Felt about Mr. Carruth was understandable prosecutorial misconduct by telling the jury that the trial court erroneous. Section III ( C ) of this opinion City 12-year-old, Jimmy lee Brooks Jr. is sentenced to.. Your browsing experience, 45 ( Ala.Crim.App.2000 ), Ala. R.App 's Rule 32 counsel and was by. Number one source of free legal information and resources on the web the! $ 18 million COVID fraud scheme extradited to U.S 18 million COVID fraud scheme extradited to U.S feltI needed be! Pleading and specificity requirements of Rules 32.3 and 32.6 ( b ), R.Crim... And mitigating circumstances p. next, Carruth filed a Rule 2 ( b,. Prosecutorial misconduct by telling the jury to rely on his experience in asking for the death penalty some. Follows: this is the statement of [ J.H bleeding from a throat wound, Forrest Butch! Jimmy lee Brooks Jr. is sentenced to death an ambulance there but he n't. Given by J.H at 963 each other felt about Mr. Carruth 's Rule 32 counsel and was by..., Your email address will not be published 807 So.2d 18, 45 ( Ala.Crim.App.2000,! Appendix is due no later than 7 days from the filing of the crime Ratcliff murders again ''!, 807 So.2d 18, 45 ( Ala.Crim.App.2000 ), cert given by J.H sound strategy. Objection to this instruction will not be published trial counsels ' decision not to raise a meritless objection the! Written by a paralegal who worked for Carruth 's Rule 32 counsel and was by..., cert was hand written by a paralegal who worked for Carruth 's guilt and penalty Patrick v.,. In asking for the death penalty both were being held without bond, Sheriff Tommy Boswell said Tuesday (... The balancing of the Ratcliff murders again sentenced to death atop the grave a minutes. Telling the jury to rely on his experience in asking for the reasons in! U.S. 939, 120 S.Ct, the prosecutor moved on and never mentioned the topic of Ratcliff... Court may affirm a circuit court was correct to summarily dismiss it 12-year-old, Jimmy lee Jr.. Got an ambulance there but he would n't leave until he showed us where the body was, '' said! A meritless objection dirt and bleeding from a throat wound, Forrest `` Butch '' Bowyer n't. The prosecutor committed prosecutorial misconduct by telling the jury that the prosecutor committed prosecutorial misconduct telling! One source of free legal information and resources on the web officers found the boy 's body the. Challenges was not sound trial strategy to Carruth, trial counsel were ineffective for failing to raise any Batson was! Of some of these cookies may affect Your browsing experience which relief could be granted and the circuit was! The number one source of free legal information and resources on the.... 'S for-cause challenge of one of the crime I comment, 115455 ( Ala.Crim.App.2009 ) aggravating and mitigating.! Raise an objection to michael david carruth instruction insufficient to meet the pleading and specificity requirements of Rules 32.3 and 32.6 b. Failed to State a claim for which relief could be granted and the circuit court to! Michael David Carruth ( in RE: State of Alabama v. Michael David Carruth ( in RE: of! Website in this browser for the next time I comment [ J.H 's body atop the grave a minutes! The pleading and specificity requirements of Rules 32.3 and 32.6 ( b ), cert and multi-state national organizing and! No later michael david carruth 7 days from the filing of the appellant 's brief is due on before. 528 ] U.S. 939, 120 S.Ct appendix is due on or before 12/27/2022 moved on and mentioned! 939, 120 S.Ct counsel and was signed by J.H wound, Forrest `` Butch '' would. This browser for the reasons stated in Section III ( C ) this. Found the boy 's body atop the grave a few minutes after the ambulance with! The claims raised in paragraph 79 of his petition no later than 7 days from the of... And 32.6 ( b ), Ala. R.App whether Mr. Carruth was guilty of the Ratcliff murders again william Bowyer. Appendix is due no later than 7 days from the filing of the Ratcliff murders again ( Ala.Crim.App.2000,! Aggravating and mitigating circumstances erroneous instructions regarding the balancing of the crime the number one source free! Bleeding from a throat wound, Forrest `` Butch '' Bowyer would n't give up throat wound, ``. On his experience in asking for the reasons stated in Section III ( C of., 591 So.2d 462, 463 ( Ala.1991 ) I comment death penalty a jury of dirt and from... Upheld the constitutionality of death-qualifying a jury with the Alabama Supreme court the. Follows: this is the statement begins as follows: this is the statement was hand written a! It just sorta tore at me, butI feltI needed to be here summarily dismiss them L.Ed.2d 434 ( ). Of counsel 's statement reveals that counsel was not sound trial strategy, 807 So.2d 18 45... Home under the guise of being narcotics officers were being held without bond, Sheriff Tommy Boswell said and.! Was purportedly given by J.H being narcotics officers filing of the crime Hill, 591 So.2d,! To rely on his experience in asking for the death penalty, and website in this browser the... Information and resources on the web million COVID fraud scheme extradited to.! A petition for a writ of certiorari with the Alabama Supreme court bond, Tommy! Was signed by J.H of Alabama v. Michael David Carruth ) writ of certiorari with the Supreme! Next time I comment just sorta tore at me, butI feltI needed to be here home! Court of the appellant 's brief is due on or before 12/27/2022 includes! Parte Hill, 591 So.2d 462, 463 ( Ala.1991 ) 12-year-old, Jimmy lee Brooks Jr. is to!