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  1. #1

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    Oct 2010
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    Calvin McMillan - Alabama Death Row


    James Bryan Martin & his wife






    Facts of the Crime:

    Convicted and sentenced to death in the shooting death of James Bryan Martin, 23, a father of two. Martin was gunned down the night of August 29, 2007, in the Millbrook Wal-Mart parking lot. Prosecutors proved that McMillan killed Martin during the theft of Martin’s 2004 Ford F-150 pickup. Martin had stopped by the store that night on the way home from a Montgomery Biscuits game to pick up diapers and baby wipes.

    McMillan was sentenced to death on July 7, 2009.

  2. #2

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    July 7, 2009

    Circuit Judge John Bush overruled the jury’s recommendation and sentenced Calvin McMillan to the death penalty on Friday for killing a man in a Millbrook Wal-Mart parking lot.

    McMillan, 20, of Opelika, was convicted in June of two counts of capital murder in the shooting death of James Bryan Martin, 23, a father of two. The jury that convicted him voted 8-4 in favor of recommending the sentence of life in prison without the possibility of parole.


    Martin’s family burst into tears when Bush announced that McMillan would face the death penalty.


    “Of course the family is very pleased by the judge’s decision,” said District Attorney Randall Houston. “But this of course will not bring their loved one back. Bryan Martin was a loving father, husband and son. He had a full life ahead of him.”


    McMillan’s defense attorneys said they were disappointed in the judge’s decision.


    “We obviously felt that the judge should have accepted the jury’s recommendation of life in prison without parole.,” said Kenny James, one of McMillan’s attorneys.


    Martin was gunned down the night of Aug. 29, 2007, in the Millbrook Wal-Mart parking lot. Prosecutors proved that McMillan killed Martin during the theft of Martin’s 2004 Ford F-150 pickup. Martin had stopped by the store that night on the way home from a Montgomery Biscuits game to pick up diapers and baby wipes.


    McMillan shot Martin four times. The last shot was fired after McMillan pulled Martin from his pickup. McMillan got into the truck, then jumped back out and shot Martin as he lay on the asphalt. McMillan then got back into the truck and sped away.


    Prosecutors pursued capital murder charges because Martin was killed during the commission of a robbery and McMillan fired into an occupied vehicle.

    http://www.montgomeryadvertiser.com/...NTPAGECAROUSEL

  3. #3

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    Oct 2010
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    Ala court OKs death sentence in Millbrook killing

    A state appeals court has upheld the death sentence for a man convicted of killing a 23-year-old father of 2 who had just picked up diapers and baby wipes at a Wal-Mart store in Millbrook.

    The Alabama Court of Criminal Appeals ruled Friday that Calvin McMillan was properly sentenced to death even though the jury voted 8-4 in recommending a sentence of life without parole.

    McMillan was condemned for the August 2007 shooting death of James Bryant Martin in the parking lot of the Wal-Mart store. Authorities said McMillan shot Martin as he started the truck, then pulled Martin from the truck and fired more shots into him before stealing the vehicle.

    The appeals court rejected a series of defense arguments, including that it was prejudicial to show the jury a photo of Martin and his wife on their wedding day.

    (Source: Associated Press)

  4. #4
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    In today's United States Supreme Court orders, McMillan's petition for writ of certiorari was DENIED.

    Lower Ct: Court of Criminal Appeals of Alabama
    Case Nos.: (CR-08-1954)
    Decision Date: November 5, 2010
    Discretionary Court
    Decision Date: August 23, 2013

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