Ex Parte Broadnax
Donald Broadnax was convicted of four counts of capital murder: one count for the intentional murder of two or more persons pursuant to one schemе or course of conduct, see
The evidence presented at trial established that while Donald Broadnax was serving a sentence of imprisonment at a release center in Alexander City for a conviсtion of murder, he worked at Welborn Forest Products in Alexander City. On April 25, 1996, Hector Jan Stamps Broadnax, Broadnax‘s wife, and DeAngelo Stamps, Jan‘s grandson, visited Broadnax at his workplace. During the visit, Broadnax killed Jan, placed her body in the trunk of her car, and drove the vehicle, with DeAngelo in the backseat, to Birmingham. Once in Birmingham, Broadnax killed DeAngelo and placed his body in the trunk of the vehicle. For a detailed recitation of the facts, see the opinion on rehearing in Broadnax, 825 So.2d at 150-51. The Court of Criminal Appeals issued an extensive оpinion thoroughly addressing the issues raised by Broadnax. This Court will address only three of the issues Broadnax raises.
I.
The trial court‘s instruction regarding the standard necessary for finding a mitigating circumstance was incorrect. The Court of Criminal Appeals, although agreeing that the instruсtion was improper, held that the error was harmless. Broadnax contends that the Court of Criminal Appeals erred in concluding that the erroneous instruction given to the jury regarding the standard for finding mitigating circumstances was harmless. According to Broadnax, that holding by the Court of Criminal Appeals diminishes the role of the jury in the sentencing process and results in an arbitrary imposition of a death sentence.
Section
“The defendant shall be allowed to offer any mitigating circumstance defined in Sections 13A-5-51 and 13A-5-52. When the factual existence of an offered mitigating circumstance is in dispute, the defendant shall have the burden of interjecting the issue, but once it is interjected the state shall have the burden of disproving the factual existence of that circumstance by a preponderance of thе evidence.”
In the trial court‘s instruction to the jury during the penalty phase, the trial court stated: “these mitigating circumstances must be only established from the evidence only to your reasonable satisfaction.” As the Court of Criminal Appeals held, this instruction was erronеous. Therefore, we must determine if the Court of Criminal Appeals improperly concluded that the error was harmless.
We agree with the Florida Supreme Court and the Court of Criminal Appeals that an erroneous instruction on the consideration to give mitigating evidence is subject to a harmless-error review. Cf. Lawhorn v. State, 581 So.2d 1159, 1176-77 (Ala.Crim.App.1990), aff‘d, 581 So.2d 1179 (Ala.), cert. denied, 502 U.S. 970, 112 S.Ct. 445, 116 L.Ed.2d 463 (1991).
Here, three aggravating circumstances were established beyond a reasonable doubt as evidenced by the jury‘s verdicts from the guilt phase. A review of thе record adequately supports the finding that the killings of Jan and DeAngelo were “especially heinous, atrocious, or cruel” when compared to other capital offenses, see
Although the defense was not limited in presenting evidence of mitigating circumstances, the mitigating evidence was minimal. Broadnax argued that because the murders were committed shortly after he had been denied parole, he was “under thе influence of extreme mental or emotional disturbance” when he committed the murders, see
During the argument portion of the penalty phase, both the state and defense counsel argued that it was proper for the jury to consider the mitigating evidence that had been presented. The trial court stated in its order imposing the death sentence that, when it weighed the aggravating and mitigating circumstances, it considered “all of the matters that were presented ..., the testimony heard at trial and the sentencing hearing ..., both in mitigation and by aggravation.”
After carefully reviewing all the evidence presented during the penalty phase, we unhesitatingly conclude that even if the jury had been properly instructed on the consideration it should give the statutory and nonstatutory mitigating circumstances, the jury would have recommended a death sentence in this case. Moreover, the trial court‘s sentencing order indicates
II.
Broadnax contends that the Court of Criminal Appeals erred in concluding that the failure to have the pretrial and posttrial hearings transcribed was not reversible error. Nothing in the record indicates that Broadnax requested that the pretrial or posttrial hearings be transcribed. Those parts of a capital trial that must be transcribed pursuant to Rule 19.4, Ala.R.Crim.P., were transcribed. See Ex parte Land, 678 So.2d 224 (Ala.1996), cert. denied, 519 U.S. 933, 117 S.Ct. 308, 136 L.Ed.2d 224 (1996). This Court cannot assume error when the record reflects compliance with the procedural rules and established law.
III.
Broadnax contends that the Court of Criminal Appeals еrred in not finding reversible error in “the circuit court‘s erroneous instruction regarding the heinous, atrocious, or cruel aggravating circumstance.” Specifically, he argues that after defining the terms “heinous, atrocious, or cruel,” the trial court erred by instructing the jury that thе offense had to be “especially” so. According to Broadnax, the trial court‘s instruction “resulted in an overbroad and arbitrary application of this aggravating circumstance.” (Broadnax‘s brief to this Court at p. 18.)
The Court of Criminal Appeals properly аpplied the well-established law defining and applying this aggravating circumstance. See Ex parte Kyzer, 399 So.2d 330, 334 (Ala.1981), and Ex parte Bankhead, 585 So.2d 112, 124-25 (Ala.1991), aff‘d on return to remand, 625 So.2d 1141 (Ala.Crim.App.1992), rev‘d on other grounds, 625 So.2d 1146 (Ala.1993). As the Court of Criminal Appeals noted, the trial court‘s instruction stated: “`For a capital offense to be especially cruel, it must be [a] conscienceless or а pitiless crime which was unnecessarily torturous to the victim.‘” 825 So.2d at 210 (emphasis added). Despite the fact that the trial court‘s instruction did not include the phrase “compared to other capital offenses,” the instruction, when reviewed in its entirety, adequately narrowеd this circumstance.
The judgment of the Court of Criminal Appeals affirming Broadnax‘s conviction and his death sentence is affirmed.
AFFIRMED.
MOORE, C.J., and HOUSTON, SEE, LYONS, BROWN, HARWOOD, and WOODALL, JJ., concur.
JOHNSTONE, J., concurs in the result in part and dissents in part.
JOHNSTONE, Justice (concurring in the result in part and dissenting in part).
I concur in the result of affirming the аdjudication of the defendant‘s guilt. I respectfully dissent from the affirmance of the death sentence. I will write to only two of the reversible errors in the penalty phase of the trial.
First, the trial court misinstructed the jury on the burden of proof and, worse, the placement of the burden of рroof, on mitigating circumstances. The main opinion minimizes this error by quoting only one of the six erroneous parts of the erroneous instruction. The Court of Criminal Appeals, to its credit, recites most of the erroneous instruction in its opinion, see Broadnax v. State, 825 So.2d 134, 209-13 (Ala.Crim.App.2000), and candidly recognizes
Part of the trial judge‘s instruction tells the jurors they should fix the defendant‘s punishment at death if “there are no mitigating circumstances proven to your reasonable satisfaction.” Broadnax, 825 So.2d at 213. Two other parts of the erroneous instruction condition a life-without-parole recommendation on the jurors’ being “reasonably satisfied as to the existence of any mitigating circumstances” or “reasonably satisfied that mitigating circumstances exist.” 825 So.2d at 213.
Of course, our law,
The main opinion observes that, “[i]n Elledge v. Dugger, 823 F.2d 1439 (11th Cir.1987), thе United States Court of Appeals for the Eleventh Circuit held that an erroneous jury instruction during the penalty phase in a death penalty case does not mandate reversal if the jury is not directed to ignore nonstatutory mitigating evidence....” (Emphasis added.) Conversely, a jury instruction that does direct the jury to ignore nonstatutory mitigating evidence in the penalty phase does mandate reversal. The instruction at issue in the case before us contains that very defect and requires that very result. The effect of the instruction was to direct the jurors to ignore any nonstatutory mitigating circumstance the defendant had not proved to their reasonable satisfaction. The instruction thereby deprived the defendant of a trial by jury on an issue our law grants a jury trial to decide, albeit by an advisory verdict.
Second, the trial court misinstructed the jurors on the definition of the aggravating circumstаnce of “especially heinous, atrocious, or cruel compared to other capital offenses.”