154 So. 3d 1065
Ala. Crim. App.2013Background
- Morton was convicted of capital murder (murder committed by or through use of a deadly weapon while victim in a vehicle) and attempted murder; jury recommended life without parole for capital murder and 10 years for attempted murder.
- Evidence showed Morton planned a Dixon-Dixon robbery to obtain money to pay a debt; James and Rivers carried firearms and shot Dixon and Byrd when Dixon stopped for sale of marijuana.
- Kiki Rich, a 12-year-old witness, testified Morton signaled the robbers before the shooting and later acknowledged witnessing the events.
- James, Rivers, and Morton were implicated in the robbery scheme; James testified Morton initiated the plan, while Morton offered various versions at trial.
- Police recovered two firearms; forensic testimony connected bullets and shell casings to the weapons recovered later; multiple gunshot wounds caused Dixon’s death.
- On rehearing, the court addressed whether the trial court properly instructed on intent, felony murder as a lesser-included offense, and accomplice liability, and whether those rulings affected Morton’s convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supports intent-to-kill for capital murder | Morton | State | Evidence supported submission on intent |
| whether felony murder as lesser-included offense should have been charged | Morton | State | Trial court erred; felony murder instruction required; new capital-murder trial ordered |
| Whether jury instruction on accomplice liability was proper | Morton | State | Instruction properly refused; no error |
Key Cases Cited
- Farrior v. State, 728 So.2d 691 (Ala.Crim.App.1998) (intent to kill may be inferred from circumstances; not mandatory presumption)
- Ex parte Woodall, 730 So.2d 652 (Ala.1998) (no defendant can be found guilty of a capital offense without intent to kill; accomplice liability discussed)
- Mitchell v. State, 706 So.2d 787 (Ala.Crim.App.1997) (felony murder as lesser-included offense; shooting into an occupied vehicle)
- Heard v. State, 999 So.2d 992 (Ala.2007) (felony murder doctrine and intent elements)
- Ex parte Stork, 475 So.2d 623 (Ala.1985) (right to lesser-included offenses when evidence supports)