Legal Opinion · Dissent

McLellan v. State

Supreme Court of Alabama

Decided September 4, 2015No. 1141027Published

1DissentMoore, Chief Justice

I respectfully dissent from the denial of the petition for a writ of certiorari filed by Corderious McLellan, who is serving a sentence of life imprisonment without the possibility of parole on a capital-murder conviction. He appealed his conviction to the Court of Criminal Appeals, which affirmed by unpublished memorandum. McLellan v. State (No. CR-14-0143, May 29, 2015), — So.3d - (Ala.Crim.App.2015) (table). I would grant McLellan’s petition to determine whether, under the doctrine of transferred intent, the factual circumstances that elevate the killing to a capital offense as defined in…

2Cases cited2 opinions

  1. Ex Parte JacksonSupreme Court of Alabama · 1993
  2. State v. PhillipsCourt of Criminal Appeals of Alabama · 2002

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