CR-2023-0721
Ala. Crim. App.Mar 28, 2025Background
- Brandon Deshawn Webster was convicted of two counts of capital murder for killing his ex-wife, Tanisha Pughsley, while a valid protective order was in place and during the commission of a first-degree burglary, as well as for attempted first-degree assault of Jeremy Walker.
- Pughsley had previously obtained a protective order against Webster due to alleged abuse.
- The homicide occurred after Webster broke into Pughsley’s home in the early morning hours, shot through the bedroom door, and ultimately shot Pughsley at close range; Walker managed to escape and alert authorities.
- Substantial evidence included eyewitness accounts, security footage, text and email records, physical evidence at both Webster’s and the victim’s residences, and expert testimony by forensic pathologists.
- The jury found Webster guilty, and the trial court sentenced him to life without parole on the capital murder convictions and a straight 10-year sentence for attempted assault; Webster appealed.
Issues
| Issue | Webster's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency & Weight of the Evidence | Insufficient evidence of intent; accident theory unrebutted | Strong circumstantial and forensic evidence of intentional killing | Sufficient evidence; up to jury to resolve factual disputes |
| Right to Confrontation (Autopsy Testimony) | Testifying doctor did not conduct autopsy (Sixth Amendment violation) | Doctor independently reviewed, gave own opinions, subject to cross | No error; testimony permissible, issue not preserved |
| Failure to Order Competency Evaluation | Court should have ordered evaluation based on insanity plea | No reason to doubt competency; issue not raised before trial court | Discretion of trial court; no abuse found, no relief granted |
| Admission of Body-Cam Footage (Audio) | Audio was inflammatory and prejudicial | Direct proof of victim's state upon discovery; relevant to contested facts | Admissible; probative value outweighed any prejudice |
| Admission of Alleged Prior Threats | Unfairly prejudicial statements admitted | Statements not actually admitted; no Rule 404(b) violation | No error; evidence not presented to jury, issue moot |
| Jury Instruction on Intent | Jury was told to “presume” intent, burden shift claimed | Instruction proper, no objection made at trial | Not preserved; no plain error review |
| Sentencing for Attempted Assault | 10-year straight sentence imposed | Sentence not challenged on appeal | Sentence illegal; must be split as required by law at time of offense |
Key Cases Cited
- White v. State, 546 So. 2d 1014 (Ala. Crim. App. 1989) (restates standard for sufficiency of the evidence on appeal)
- Waldrop v. State, 859 So. 2d 1138 (Ala. Crim. App. 2000) (intent inferred from use of deadly weapon and circumstances)
- Reese v. State, 549 So. 2d 148 (Ala. Crim. App. 1989) (discretion of trial court on competency evaluations)
- Brooks v. State, 973 So. 2d 380 (Ala. Crim. App. 2007) (admissibility of graphic video and photographic evidence)