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McWilliams v. State

Court of Criminal Appeals of Alabama
Mar 4, 1994
640 So. 2d 1025 (Ala. Crim. App. 1994)

Opinion

6 Div. 190.

March 4, 1994.

Appeal from Tuscaloosa Circuit Court; Jerome B. Baird, Judge.

Al L. Vreeland and Albert S. Miles, Tuscaloosa, and Oliver W. Loewy, Montgomery, for appellant.

James H. Evans, Atty. Gen., and Sandra J. Stewart and Jean A. Therkelsen, Asst. Atty. Gen., for appellee.


After Remand from the Alabama Supreme Court


Pursuant to the Alabama Supreme Court's decision in Ex parte McWilliams, 640 So.2d 1015 (Ala. 1993), the conviction of the appellant, James Edmund McWilliams, Jr., is affirmed but this cause is remanded to the trial court for that court to determine whether in sentencing the appellant, it considered the portions of the appellant's pre-sentence report, wherein Patricia Reynold's family members stated their opinions of the appellant, the murder, and the appropriate sentence for the appellant. The trial court is ordered to make written findings and to submit those findings to this court. Further, pursuant to the Alabama Supreme Court's opinion, the trial court is directed to vacate the appellant's death sentence and to hold another sentencing hearing if the trial judge determines that he did consider those portions of the pre-sentence report in sentencing the appellant.

AFFIRMED AS TO CONVICTION; REMANDED WITH INSTRUCTIONS AS TO SENTENCE.

All Judges concur.


Summaries of

McWilliams v. State

Court of Criminal Appeals of Alabama
Mar 4, 1994
640 So. 2d 1025 (Ala. Crim. App. 1994)
Case details for

McWilliams v. State

Case Details

Full title:James Edmund McWILLIAMS, Jr. v. STATE

Court:Court of Criminal Appeals of Alabama

Date published: Mar 4, 1994

Citations

640 So. 2d 1025 (Ala. Crim. App. 1994)

Citing Cases

McWilliams v. Comm'r

McWilliams's conviction and death sentence were affirmed on direct appeal by the Alabama Court of Criminal…