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Thread: Calvin McMillan - Alabama Death Row

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    Calvin McMillan - Alabama Death Row




    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.

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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

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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: The Associated Press)

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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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    Judge rules AL's death penalty scheme unconstitutional

    JEFFERSON COUNTY, AL (WBRC) - A Jefferson County circuit judge has ruled Alabama's death penalty scheme unconstitutional in a landmark decision for the state.

    Four Jefferson County capital murder defendants asked Judge Tracie Todd to rule Alabama’s death penalty unconstitutional on Thursday.

    Florida and Alabama were the only two states in the nation where a judge could override a jury's recommendation and sentence someone to death.

    In January, the Supreme Court struck down Florida's law as unconstitutional in their decision in the Hurst vs. Florida case.

    Now, defense attorneys in Alabama are filing motions and using that example to try to make that happen here.

    There are four big cases in the Montgomery area where a judge overrode a jury’s recommendation and imposed the death penalty.

    In Montgomery County, Mario Woodward was convicted of killing MPD Officer Keith Houts in 2006. The jury recommended life in prison, but the judge overrode that recommendation and sentenced Woodward to death.

    In Crenshaw County, Wesley Harris was convicted of killing six members of his girlfriend's family in 2002: a mom, dad, grandmother and three children. All were shot to death. The jury recommended life in prison without parole but the judge sentenced Harris to die by lethal injection.

    In Lee County, Courtney Lockhart was convicted of killing Auburn University student Lauren Burk. The jury recommended life in prison without parole, but Judge Jacob Walker overrode and sentenced Lockhart to death. Judge Walker said he based the decision on evidence that was never brought before the jury.

    In Elmore County, Calvin McMillan was convicted in the shooting death of Bryan Martin. It happened in 2007 in the Millbrook Walmart parking lot so McMillan could steal his truck. In this case, the jury recommended life without parole, but the judge overrode and sentenced McMillian to death.

    http://www.wbtv.com/story/31377781/j...l?sf21922861=1

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    Alabama Court of Appeals Upholds Two Death Sentences

    The Alabama Court of Criminal Appeals has upheld the cases of two inmates sentenced to death for murder.

    The court turned down the appeal of Dontae Callen, 24, in a decision Friday. Callen was convicted of killing an aunt and two cousins in Jefferson County in 2010.

    One of Callen’s victims was 12. The appeals court ruled that Callen’s death sentence wasn’t out of line with punishment in other capital cases.

    The court also upheld the Elmore County conviction of Calvin McMillan, 28. He was convicted of killing James Bryan Martin during a robbery in 2009.

    The judges upheld the decision of a lower court which rejected McMillan’s claim that he was too mentally deficient to stand trial and face a death sentence.

    http://www.alabamanews.net/2017/08/1...ath-sentences/
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    On September 27, 2018, McMillan filed a habeas petition in Federal District Court.

    https://dockets.justia.com/docket/al...8cv00844/67928

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    In today's orders, the United States Supreme Court declined to review McMillan's petition for certiorari.

    Lower Ct: Court of Criminal Appeals of Alabama
    Case Numbers: (CR-14-0935)
    Decision Date: August 11, 2017
    Discretionary Court Decision Date: February 23, 2018

    https://www.supremecourt.gov/search....c/18-5396.html

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    Petition for writ of certiorari filed to SCOTUS on August 17, 2020.

    https://www.supremecourt.gov/search....ic/20-193.html
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    Distributed for conference November 20, 2020.

    https://www.supremecourt.gov/search....ic/20-193.html
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

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