Ex Parte Wilson

The brief of the Honorable Tom Hannaj Criminal District Attorney of Jefferson County, in Kibbe’s case is adopted as the dissenting opinion as to both Kibbe and Wilson to avoid duplication. With formal parts omitted it is as follows:

“The Trial Court did not err in denying Appellant’s motion because the evidence herein amply supports its finding of ‘proof evident’ that a dispassionate jury will likely convict the Appellant of capital murder and assess his punishment at death.

“(1) There is ample uncontradicted evidence to sustain the Court’s finding that the deceased was kidnapped by Appellant…