Section 13A-5-51 - Mitigating circumstances - Generally

2 Analyses of this statute by attorneys

  1. Capital Defense Weekly, November 1, 2004

    Capital Defense NewsletterNovember 1, 2004

    The only statutory mitigating factor presented to the jury was that Harris did not have a criminal record. § 13A-5-51(1), Ala. Code 1975. The only nonstatutory mitigating evidence presented to the jury during the penalty phase was the adoption of the character evidence presented during the guilt phase -- that Harris attended church, that she worked hard, and that she had a reputation for good character among those who knew her.

  2. Capital Defense Weekly, September 16, 2002

    Capital Defense NewsletterSeptember 16, 2002

    Accordingly, the judgment of the convicting court is affirmed.Brownlee v. Haley, 2002 U.S. App. LEXIS 19069 (11th Cir 9/16/2002) "Brownlee plainly received ineffective assistance of counsel at sentencing in light of his attorneys' failure to investigate, obtain, or present to the jury any evidence in mitigation of the death penalty, violating the Sixth Amendment to the Constitution."If counsel had exercised Brownlee's right to present all relevant and competent mitigating evidence, the jury would have heard compelling evidence addressing two statutory mitigating circumstances -- that the crime "was committed while the defendant was under the influence of extreme mental or emotional disturbance," Ala. Code. § 13A-5-51(2), and that "the capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law was substantially impaired," id. § 13A-5-51(6) -- as well as several significant non-statutory mitigating factors, see id.