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Ex parte Kirksey

Supreme Court of Alabama

September 12, 2014

Ex parte Collier Kirksey; In re: Collier Kirksey
v.
State of Alabama

Released for Publication May 15, 2015.

Petition for Writ of Certiorari to the Court of Criminal Appeals, CR-12-1383; Mobile Circuit Court, CC-12-2808. Roderick P. Stout, Trial Judge.

WRIT DENIED.

For Petitioner: James M. Byrd, Mobile.

PARKER, Justice. Stuart, Bolin, Murdock, Shaw, Main, Wise, and Bryan, JJ., concur. Moore, C.J., dissents.

OPINION

PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS

PARKER, Justice.

WRIT DENIED. NO OPINION.

DISSENT

MOORE, Chief Justice (dissenting).

Collier Kirksey was convicted of first-degree robbery, see § 13A-8-41, Ala. Code 1975, and was sentenced to life in prison for his role as an accomplice to a robbery at a Winn-Dixie grocery store. The Court of Criminal Appeals affirmed his conviction and sentence in an unpublished memorandum. Kirksey v. State (No. CR-12-1383, April 18, 2014), __ So.3d __ (Ala.Crim.App. 2014) (table). Kirksey makes two arguments in his petition for certiorari review: That the evidence was insufficient to convict him of first-degree robbery and that the prosecutor improperly commented on Kirksey's decision not to testify. I believe the second issue has merit.

" [I]n all criminal prosecutions, the accused ... shall not be compelled to give evidence against himself ...." Art. I, § 6, Ala. Const. 1901. Section 12-21-220, Ala. Code 1975, codifies and elaborates on this principle:

" On the trial of all indictments, complaints or other criminal proceedings, the person on trial shall, at his own request, but ...

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