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Thread: Corey Allen Wimbley - Alabama Death Row

  1. #1
    Senior Member CnCP Legend JLR's Avatar
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    Corey Allen Wimbley - Alabama Death Row




    December 21, 2008

    Man faces capital murder charge in Washington County; search on for second suspect

    WAGARVILLE -- A 22-year-old Washington County man faces a capital murder charge in the shooting death of a Wagarville store owner.

    Sheriff Richard Stringer says Corey Allen Wimbley is accused of shooting 55-year-old Ray Wheat inside Harris Cash Grocery along U.S. 43 on Friday morning.

    A search continues for a second suspect, Juan Crayton of McIntosh.

    The sheriff says the shooting occurred during an apparent robbery and an attempt to burn the store.

    Wimbley was captured nearly five hours after the shooting at a bus station in Mobile, where he had purchased a ticket to Florida.

    http://blog.al.com/spotnews/2008/12/...der_charg.html

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    Im so mixed up with this one because we dated for a whole year

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    Administrator Moh's Avatar
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    September 15, 2011

    Jury says death in Washington Co. murder case

    By Evan Carden
    The Clarke County Democrat

    A Washington County Jury who found Corey Wimbley guilty of the Dec. 19, 2008 murder of Wagarville Store Owner Ray Wheat after three days of testimony last week has recommended he be put to death for the crime.

    http://www.clarkecountydemocrat.com/...9-15/community

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    Court reverses Blount County death penalty; rules for death penalty in Dale County case

    An Alabama appeals court struck down a death penalty conviction Friday and re-instated another.

    In a case from Blount County, the appeals court reversed the capital murder conviction and death sentence that Thomas Doyle Crowe received for the November 2009 killing and robbery of Marvin Dailey. The appeals court said the trial judge gave improper instructions to the jury about Alabama's capital murder law. The ruling would allow a new trial.

    The appeals court ordered the capital murder conviction and death sentence be reinstated for Emanuel Aaron Gissendanner Jr. in Dale County. A lower court had ruled that he should get a new trial because of ineffective attorneys at trial. The appeals court reversed that in a 3-2 decision.

    Gissendanner was convicted of killing Margaret Snellgrove during a kidnapping and robbery in November 2009.

    In other cases, the appeals court:

    —Split 3-2 in upholding the capital murder conviction and death sentence that Corey Allen Wimbley received in Washington County for the shooting and robbery of Connie Ray Wheat at a grocery store in Wagarville in December 2008.

    —Unanimously affirmed the capital murder conviction and death sentence that Clayton Antwain Shaklin received in Walker County for the shooting death of Michael Crumpton during a robbery at his home in October 2009.

    —Unanimously affirmed the capital murder conviction and death sentence that Ronnie Lynn Kirksey got for causing fatal injuries to 23-month-old Cornell Norwood in April 2006 in Etowah County. Kirksey lived with the child's mother in Gadsden and was watching the boy while the mother was away, the court said.

    http://www.dailyjournal.net/view/sto...Death-Penalty/
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    Administrator Moh's Avatar
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    In today's opinions, the United States Supreme Court ruled that Wimbley's motion to proceed in forma pauperis and petition for a writ of certiorari be GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Hurst v. Florida, 577 U. S. ___ (2016).

    http://www.supremecourt.gov/search.a...es/15-7939.htm

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    U.S. Supreme Court grants review in another Alabama death row inmate's case

    The U.S. Supreme Court on Tuesday granted an Alabama inmate's challenge of his death sentence, less than a month after granting a similar request to another death row inmate in the state.

    The court vacated the judgment against Corey Allen Wimbley, who in 2008 was convicted in the slaying of a store owner during a robbery attempt in Washington County.

    Wimbley was charged with capital murder in the death of 55-year-old Connie Ray Wheat at a grocery store in Wagarville. In 2014, the Alabama Court of Criminal Appeals upheld his conviction and death sentence in the case.

    On Tuesday, the U.S. Supreme Court granted Wimbley's certiorari petition, sending the case back before the state appeals court. It comes less than a month after the court granted similar review in the case of Bart Johnson, also a death row inmate in Alabama.

    The decisions in both cases were spurred by the U.S. Supreme Court's ruling in January that Florida's sentencing scheme allowing judges to override juries in death penalty cases is unconstitutional. Alabama has a similar sentencing scheme.

    The court originally denied review of Johnson's case, but after its ruling in the Hurst v Florida case, his attorneys with the Equal Justice Initiative asked again for a hearing. The U.S. Supreme Court granted that request May 2.

    Johnson's case was the first Alabama case challenging Alabama's capital murder sentencing scheme, since the Florida case was decided, to be reviewed by the U.S. Supreme Court. At the time, a law professor told AL.com that the ruling was limited in scope because it merely sent the case back to the appeals court, not the original trial court.

    But at the time Johnson's attorney said it could have broad-reaching effects.

    "This ruling implicates all (capital) cases in Alabama," Bryan Stevenson, founder and executive director of EJI, told AL.com. "We have argued that Alabama's statute no longer conforms to current constitutional requirements. The Court's ruling [May 2] supports that view."

    District attorneys and Alabama Attorney General Luther Strange have said that Alabama's law is not the same as Florida's. They note that the U.S. Supreme Court ruled the state's sentencing scheme constitutional in 1995.

    http://www.al.com/news/index.ssf/201...ts_review.html

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    Senior Member CnCP Legend Mike's Avatar
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    Alabama court rules death penalty law constitutional in 3 cases SCOTUS sent back for review

    The Alabama Court of Criminal Appeals on Friday ruled the death sentences of three state inmates are constitutional and don't conflict with a U.S. Supreme Court ruling that struck down Florida's similar death penalty sentencing scheme.

    The U.S. Supreme Court had vacated the sentences of Alabama death row inmates Ronnie Kirksey, Corey Wimbley, and Ryan Gerald Russell, this year and sent them back to the state appeals court to review in light of its Florida ruling.

    Alabama's death sentencing law has been compared to Florida's because both allowed judges to override jury recommendations for life and instead impose death.

    On Friday the Alabama Court of Criminal Appeals said it wasn't the same and affirmed the convictions of Kirksey, Wimbley and Russell. The court said Alabama's law is constitutional and does not "run afoul" of the U.S. Supreme Court's ruling in Hurst v. Florida in January.

    Prosecutors and Alabama Attorney General Luther Strange have repeatedly argued that Alabama's law was upheld by the U.S. Supreme Court in 1995 and is not the same as the portion of the Florida law struck down in Hurst.

    Florida's law had required the judge -- not the jury -- to find the existence of an aggravating circumstance in order for the defendant to be subject to the death penalty.

    Alabama's law already requires the jury to find an aggravating factor, such as murder during the commission of a robbery, kidnapping or rape, prosecutors argue. Therefore, at the time of conviction, the jury has already agreed upon at least one aggravating factor before the sentencing phase began.

    In Alabama, after the jury unanimously convicts a defendant with at least one aggravating factor at the trial jurors in a separate hearing then weigh any other aggravating factors and mitigating circumstances and recommend life without parole or death. Jurors must vote 10-2, 11-1 or 12-0 to recommend death. The judge then imposes the final sentence and at that time can override the jury's life or death recommendation. Most of the overrides in Alabama have resulted in the death penalty.

    In its order in Wimbley's case, the Alabama Court of Criminal Appeals found that the jury - not a judge - had determined Wimbley was eligible for the death penalty because it had unanimously convicted him of murder during the course of a robbery and arson. Robbery and arson are both aggravating factors.

    http://www.al.com/news/birmingham/in...eath_pena.html
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  8. #8
    Administrator Moh's Avatar
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    In today's orders, the United States Supreme Court declined to review Wimbley's petition for certiorari.

    Lower Ct: Court of Criminal Appeals of Alabama
    Case Numbers: (CR-11-0076)
    Decision Date: December 16, 2016
    Rehearing Denied: March 17, 2017
    Discretionary Court Decision Date: May 19, 2017

    https://www.supremecourt.gov/search....c/17-5663.html

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    Moderator Bobsicles's Avatar
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    On November 20, 2023 Wimbley filed a habeas petition in federal district court.

    https://dockets.justia.com/docket/al...3cv00440/72971
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