from Blount Circuit Court (CC-15-270 and CC-15-271)
appellant, William Lane Bosner, was convicted of murder made
capital because it was committed during the course of a
robbery in the first degree, a violation of §
13A-5-40(a)(2), Ala. Code 1975, and murder made capital
because it was committed during the course of a burglary in
the first degree, a violation of §13A-5-40(a)(4), Ala.
Code 1975, for the killings of Gary "Sambo"
Hazelrig and Breann Sherrer. The circuit court sentenced
Bosner to life imprisonment without the possibility of parole
for each conviction and ordered that the sentences were to
run concurrently. The circuit court ordered Bosner to pay a
$2, 000 fine, $7, 030 to the crime victims compensation fund,
$924 in restitution, attorney fees, and court costs.
record indicates the following pertinent facts. Hazelrig,
Bosner's drug supplier, lived with Sherrer, his
girlfriend, on Deavers Town Road in Locust Fork. Michael
Dooley testified that he drove Bosner and Paul Trull to
Hazelrig's house at approximately 12:30 a.m. on September
14, 2015, with the intent to steal certain items, drugs, and
money. Each of them wore a mask and carried at least one
weapon. Specifically, Dooley testified that Bosner carried a
.22-caliber rifle with a 10-round factory clip, admitted into
evidence as State's Exhibit No. 12-A; Dooley carried a
.22-caliber rifle with a banana clip, admitted into evidence
as State's Exhibit No. 13-A; and Trull carried a .20
gauge "short shotgun," admitted into evidence as
State's Exhibit No. 14-A, and an aluminum "tire
checker baseball bat," admitted into evidence as
State's Exhibit No. 58-A. (R. 631.) When they arrived,
Dooley dropped off Bosner and Trull at the end of
Hazelrig's driveway and parked his car in a nearby field.
As Dooley walked toward Hazelrig's house, he saw the
front door open and heard a gunshot followed by a
"ding." (R. 631.) Shortly thereafter, Hazelrig and
Sherrer emerged from the house and stood on the front porch.
Meanwhile, Trull stood in the doorway and kept them there at
gunpoint. According to Dooley, Hazelrig and Sherrer appeared
to be injured. Specifically, "Ms. Sherrer had grabbed
her butt and Mr. Hazelrig had  a stream of blood coming
down maybe right there (Indicating to side of face.)"
Trull held Hazelrig and Sherrer at gunpoint, Dooley inspected
a four-wheeled all-terrain vehicle ("ATV"), located
in Hazelrig's driveway. The ATV, a hunter-green
"Yamaha Wolverine," was missing an ignition switch
and a tire. (R. 639.) Dooley spent the next several minutes
affixing a spare tire to the ATV while Hazelrig and Sherrer
remained on the front porch. Dooley testified that Hazelrig
and Sherrer were not "crying out or nothing,"
though Hazelrig said that Sherrer needed medical assistance.
Dooley worked on the ATV, he saw Bosner walking inside the
house "from the right [side] to the left [side] past the
door." (R. 639.) At some point, Trull apparently ordered
Hazelrig and Sherrer back inside the house. After Dooley
repaired the ATV, he told Trull to "[g]et whatever
you're going to get. We need to go." (R. 640.)
Dooley testified that Trull turned and called Bosner's
name. According to Dooley, Bosner became very nervous because
he believed that Hazelrig and Sherrer heard Trull say his
name. Dooley told Bosner, "Man don't worry about it.
We are leaving. They don't really know who it is.
Don't worry about it." (R. 641.) Dooley continued
tinkering with the ATV when he heard "stomping" on
the front porch. (R. 641.) When he looked up, Dooley saw
Bosner walk inside the house and fire his rifle. Dooley
testified that Sherrer fell to the ground. Immediately
thereafter, Dooley heard "about three shots" from
Bosner's rifle and one shot from Trull's shotgun.
Dooley ran to the front porch and looked through the doorway.
He saw Bosner and Hazelrig "fighting it up" on the
floor. (R. 643.) During the fight, Trull struck
Hazelrig's head with the butt of his shotgun. After
Hazelrig was incapacitated, Bosner and Trull picked up their
bags and walked to Dooley's car.
Bosner, and Trull placed the stolen items in the trunk of
Dooley's car. Before leaving, they walked back to
Hazelrig's house to collect shell casings and recover the
tire checker Trull had apparently forgotten. They found the
tire checker but were unable to collect any shell casings.
Dooley testified that he, Bosner, and Trull pushed the ATV
down Hazelrig's driveway toward Deavers Town Road. Bosner
and Trull waited in the driveway while Dooley retrieved his
car. Dooley picked up Bosner and Trull and pulled the ATV
behind his car to a hiding spot off a nearby road. During the
drive back to Dooley's house, Bosner produced several
stolen cellular telephones from his pockets. Dooley decided
to dispose of the telephones. Dooley drove to a bridge near
Zuber Road, and Bosner threw the telephones out of the car
Trull, and Dooley arrived at Dooley's house at
approximately 3:00 a.m. and divided the money and items they
had taken from Hazelrig's property. According to Dooley,
the stolen items included pocketknives, a small safe, a
black- powder pistol, an acoustic guitar, an "iPod"
MP3 player, a digital video recorder ("DVR"), a
television, and several grams of methamphetamine.
hours later, Dooley and Bosner returned to where they had
parked the ATV and towed it to Dooley's house. When they
returned, Dooley's girlfriend, Carolyn Busby, came to
Dooley's house. Dooley testified that he and Busby
"[s]at there for a while" and talked. (R. 654.) At
approximately 9 or 10 p.m., Dooley drove Bosner to
Bosner's girlfriend's house. Bosner carried a
backpack and the shotgun Trull used the night before. About a
week later, Dooley placed evidence of the Hazelrig-Sherrer
murders in a large black box he bought from a Home Depot
hardware store. Specifically, the box contained the
.22-caliber rifles Dooley and Bosner carried, a stolen safe,
television, and black-powder rifle, and various other items
both related and unrelated to the crimes. Dooley attached a
lock to the box and placed it in the woods off of Zuber Road
-- the same location where Bosner had thrown the cellular
telephones. Dooley testified that he dropped Hazelrig's
DVR and a bag containing Trull's gloves into a lake near
the border of Blount County and Jefferson County.
testified that he walked to Dooley's house in the evening
of September 13, 2015, to talk and to smoke marijuana. He
testified that Bosner was already at Dooley's house when
he arrived. Trull testified that he had recently received a
paycheck and that he wanted to purchase a new guitar. Bosner
told Trull that Hazelrig had several guitars for sale.
Consequently, Trull drove with Bosner and Dooley to
Hazelrig's house. Trull testified that he and Bosner got
out of Dooley's car at the end of Hazelrig's
driveway. Bosner opened the trunk and pulled out a backpack
"and something else," and proceeded toward
Hazelrig's house. (R. 493.) Trull testified that he saw
Bosner walk through Hazelrig's front door and heard
"a bit of commotion and then a loud bang." (R.
493.) Moments later, Bosner walked out of the house and
handed Trull a .20 gauge sawed-off shotgun. Trull identified
the shotgun as State's Exhibit No. 14-A. At this point,
Trull noticed that Bosner was carrying a rifle. Trull
testified that Bosner ordered him to come inside the house.
When he walked inside, Trull saw Hazelrig and Sherrer and
noticed that they were injured. Specifically, Trull testified
that Hazelrig was bleeding from the top of his head and
Sherrer was bleeding from the back of her leg. Bosner ordered
Hazelrig and Sherrer to stand on the front porch and told
Trull to hold them there at gunpoint. Trull testified that he
watched Hazelrig and Sherrer for 10 to 15 minutes while
Bosner "rifl[ed] through the house." (R. 503.)
Trull testified that he wanted to leave and said "Lane,
we need to go." (R. 506.) After Trull spoke Bosner's
name, Bosner told Hazelrig and Sherrer to turn around. Trull
testified that Bosner placed the barrel of his gun against
the back of Sherrer's head and pulled the trigger.
According to Trull, Sherrer "was dead before she hit the
ground." (R. 509.) Trull testified that Hazelrig charged
Bosner and Bosner shot at Hazelrig eight or nine times. While
they were fighting, Bosner bumped into Trull and knocked him
to the ground, causing Trull's shotgun to discharge and
hit Hazelrig. Trull testified that he got up and ran outside
after the fight. Bosner emerged from the house a few moments
later and helped Dooley push the ATV to the end of
Hazelrig's driveway. Before leaving, Dooley went inside
the house and retrieved Hazelrig's DVR. Upon returning to
Dooley's house, Trull immediately left and walked home.
When Trull went back to Dooley's house later that day,
Busby already "knew everything" that had occurred
the night before. (R. 536.) Trull testified that he assisted
Dooley in loading evidence into Dooley's black box.
Ennis, a long-time friend of Hazelrig's, testified that
he went to Hazelrig's house on September 15, 2015, to
bring Hazelrig food and to check his blood-sugar level. Ennis
testified that he looked in a window and saw Sherrer lying on
the floor. Ennis telephoned the police and waited for them to
arrive. Deputy Jarod Eakes with the Blount County
Sheriff's Department responded to the call and taped off
the area. Charles Underwood with the Crime Scene Department
of the Blount County Sheriff's Department testified that
he photographed, measured, diagrammed, and gathered evidence
at Hazelrig's house. He testified that there was a large
amount of blood at the entrance of the house and on the front
door. He testified that there was a blood swipe on the edge
of Hazelrig's couch. Underwood recovered multiple .22
shell casings but did not recover any blood, fluid, or
fingerprints on the firearms taken into evidence.
September 26 or 27, 2015, Fred Cochran, a sergeant with the
Blount County Sheriff's Department at the time, testified
that he received a telephone call from Busby's daughter
implicating Dooley in the Hazelrig-Sherrer murders. On
September 28, 2015, police interviewed Busby and Dooley.
Dooley's taped interviews were admitted into evidence as
State's Exhibits No. 62-65. In his first interview that
began at approximately 1:45 p.m., Dooley denied any
involvement in the crimes. Dooley told police that he drove
Bosner to Bosner's girlfriend's house in the evening
of September 14, 2015, after they had spent the day mowing a
lawn in Lincoln, Alabama. Busby, however, told police that
Bosner and Dooley perpetrated the crimes and gave credible
information to that effect. Specifically, Busby identified
where Sherrer sustained gunshot wounds. She also informed
police about the stolen ATV in Dooley's possession.
Consequently, Cochran dispatched two investigators to
"go and find" Bosner. (R. 390.)
Dooley's second interview beginning at approximately 7:00
p.m., Dooley confessed to the crimes and implicated Bosner.
Dooley told police about the stolen cellular telephones and
the black box containing evidence located off of Zuber Road.
Cochran testified that Dooley led police to the black box and
gave them a key to open it. Michael Blackwood with the Blount
County Sheriff's Department testified that Dooley told
police the location of the lake where he disposed of
Hazelrig's DVR. A dive team subsequently recovered the
DVR, a DVD player, and a backpack. Scott Kanaday with the
Blount County Sheriff's Department testified that he
recovered the ATV located on Dooley's property.
girlfriend, Christina Sturgeon, testified that she was in a
dating relationship with Bosner at the time of his arrest.
Sturgeon lived with her father, Carl Chapman, in Jefferson
County. Sturgeon testified that Bosner occasionally stayed
with her at Chapman's house. In the beginning of
September 2015, Sturgeon ousted Bosner from the house
following an argument. On or around September 21, 2015,
Bosner moved back in with Sturgeon. According to Sturgeon,
Bosner "was not there a full week before they arrested
him." (R. 954.) Sturgeon testified that Bosner brought a
backpack with him when he moved back in with her. Sturgeon
testified that she did not know the contents of the backpack
and that she never opened it. According to Sturgeon, Bosner
acted emotional, temperamental, and confrontational in the
days preceding his arrest. Two days before Bosner was
detained, Sturgeon and Bosner got into an argument. During
the argument, Bosner twisted Sturgeon's arm behind her
back and "got in [her] face." (R. 948.) Bosner said
to Sturgeon: "Just go ahead and call the county on me.
You hate me anyway." (R. 948.) Before this occasion,
Sturgeon testified, Bosner never acted violently toward her.
Sturgeon speculated that Bosner spoke those words because he
had Sturgeon's arm pinned behind her back. Sturgeon
testified that Bosner never mentioned the Hazelrig-Sherrer
murders and that she had no reason to believe he was involved
September 28, 2015, police located Bosner at Chapman's
house and detained him on an "investigative hold."
Chapman testified that a "whole lot of police
officers" entered his house with their weapons drawn.
Chapman testified that police told him "[w]e don't
want you. We just want him." (R. 463.) Subsequently,
Chapman gave police permission to search his house. He
testified that his signature was on the consent-to-search
form, though he could not recall signing the document. The
consent-to-search form was signed at 5:16 p.m. (C. 860.)
Chapman testified that he did "whatever [police] asked
[him] to do." (R. 462.)
Jerry Hughes with the Blount County Sheriff's Department
testified that he went to Chapman's house on September
28, 2015, to detain Bosner. He testified that he asked
Chapman for consent to search the house. Deputy Hughes stated
that he did not have his weapon drawn when he asked for
consent. After Chapman consented to the search, police
located Bosner's backpack in Sturgeon's bedroom. At
trial, Deputy Hughes identified the contents of the backpack,
which included a sawed-off shotgun and a wooden box
containing several knives. Trull identified the backpack as
the same backpack Bosner carried during the Hazelrig-Sherrer
murders. The backpack was admitted into evidence as
State's Exhibit No. 18-A. Charles Ennis testified that he
gifted Hazelrig one of the knives recovered from Bosner's
backpack approximately a year before Hazelrig's death.
Ennis testified that he did not know Bosner. The knife was
admitted into evidence as State's Exhibit No. 4. Another
friend of Hazelrig's, Shane Rush, testified that a black
knife recovered from Bosner's backpack also belonged to
Hazelrig. Rush testified that he had previously witnessed
Hazelrig pull the knife out of a small wooden box. Rush
identified the box as the same one found in Bosner's
backpack. The box and the knife were admitted into evidence
as State's Exhibits No. 9 and 8, respectively. Scottie
Hazelrig, Hazelrig's brother, identified a knife with a
broken tip recovered from Bosner's backpack. According to
Scottie, the knife belonged to Hazelrig. The knife was
admitted into evidence as State's Exhibit No. 11.
Sullivan, a forensic scientist assigned to the Firearms and
Tool Mark Section of the Alabama Department of Forensic
Sciences, testified that seven of the eight shell casings
recovered from Hazelrig's house matched engravings on
test bullets fired from the .22-caliber rifle Bosner
allegedly carried on the night of the Hazelrig-Sherrer
murders. Sullivan testified that the bullets recovered from
the crime scene were .22-caliber class bullets
"consistent with bullets loaded in .22 long or long
rifle caliber cartridges." (R. 807.) Sullivan testified
that she could not determine the origin of the shotgun
projectiles police recovered.
Enstice, a medical doctor and forensic pathologist with the
Alabama Department of Forensic Sciences, testified that
Hazelrig sustained 10 gunshot wounds, including a shotgun
wound. She testified that Hazelrig also sustained blunt-force
head trauma. Dr. Enstice testified that the combination of
gunshot wounds and blunt-force head trauma caused
Hazelrig's death. Dr. Enstice testified that Sherrer
sustained three gunshot wounds. Sherrer died as a result of a
contact gunshot wound to the back of her head.
Bray, Bosner's mother, testified that she received an
e-mail from Bosner while he was incarcerated awaiting trial.
The e-mail, admitted into evidence as State's Exhibit No.
74, stated, in pertinent part:
"Date: 8/7/2017 9:11:40 AM
"hey nigga don't frget to call or text ina n see if
shell get me some b day money kem n kevin to please I love n
miss u look go online to donaldson corrections west jefferson
n hollman give me a name out of each camp please n thk u I
love n miss yall give rose hugs n kisses ima try to go for st
clair if I have to go closer to home."
857.) Bray testified that Donaldson, West Jefferson, Holman,
and St. Clair are prisons in Alabama.
Calhoun testified that he was living at Chapman's house
in September 2015. Two days before Bosner was detained,
Calhoun overheard a conversation between Bosner and Sturgeon.
On September 28, 2015, Calhoun gave a statement to police,
which was admitted into evidence as State's Exhibit No.
75. Calhoun wrote:
"I, Timothy Calhoun, woke up hearing Christina Chapman
[sic] and Lane arguing. I heard him say something to
Christina, 'If you hate me so much, why don't you
just call Blount County and tell them where I am and that you
know who killed blank and blank?' I don't remember
the names. Before that he tried to get me to see if I could
get someone to trade a pistol for his sawed-off shotgun. I
only saw it wrapped up in a blue shirt. I noticed after him
and Christina were arguing, he was crying. Other than that,
if I heard anything else I didn't pay attention or I
can't remember. If I hear or find anything else out
I'll be willing to tell, or if I remember. The argument
took place on 08/26/15 [sic]."
(C. 858; R. 874.) Calhoun testified that he intended to write
"09/26/15" instead of "08/26/15." (R.
875.) According to Calhoun, Bosner's shotgun was two to
three feet long with a wooden stock. Calhoun subsequently
identified the shotgun as the same one recovered from
Mack Kent, jail administrator of the Blount County
Correctional Facility, testified that Bosner escaped from the
county prison on October 8, 2016. Ronald Chastain, lieutenant
over road patrol with the Blount County Sheriff's
Department, testified that police secured Bosner on Tawbush
Road in Locust Fork and transported him back to the jail.
Lieutenant Chastain testified that Bosner was walking down
the middle of the roadway when they found him. Upon seeing
the police, Bosner "went prone in the highway" and
did not attempt to flee. (R. 891.) Captain Kent testified
that Bosner did not pose any major problems before his
was subsequently convicted of two counts of capital murder.
Bosner filed a motion for a new trial on September 21, 2017.
A hearing was held on October 17, 2017. The next day, the
circuit court denied Bosner's motion. Bosner filed a
timely notice of appeal on October 19, 2017.
contends that the circuit court erred in admitting the
backpack and its contents into evidence because, he says,
they were obtained in violation of the Fourth Amendment.
Specifically, Bosner argues that Chapman's consent to
search was not voluntary and that, even if it was voluntary,
Chapman did not have the authority to authorize a search of
Sturgeon's bedroom or Bosner's backpack.
"'"'This court has long held that
warrantless searches are per se unreasonable, unless they
fall within one of the recognized exceptions to the warrant
requirement. See, e.g., Chevere v. State, 607 So.2d
361, 368 (Ala. Cr. App. 1992). These exceptions are: (1)
plain view; (2) consent; (3) incident to a lawful arrest; (4)
hot pursuit or emergency; (5) probable cause coupled with
exigent circumstances; (6) stop and frisk situations; and (7)
inventory searches. Ex parte Hilley, 484 So.2d 485,
488 (Ala. 1985); Chevere, supra, 607 So.2d at
"'State v. Mitchell, 722 So.2d 814[, 820]
(Ala. Cr. App. 1998), quoting Rokitski v. State, 715
So.2d 859[, 861] (Ala. Cr. App. 1997).'"
Baird v. State, 849 So.2d 223, 229-230
(Ala.Crim.App.2002)(quoting State v. Otwell, 733
So.2d 950, 952 (Ala.Crim.App.1999)).
argues that Chapman's consent-to-search was not voluntary
under the totality of the circumstances. "[T]he question
whether a consent to a search is 'voluntary' or was
the product of duress or coercion, express or implied, is a
question of fact to be determined from the totality of all