Penn v. State

On Application for Rehparing

KELLUM, Judge.. On June 13, 2014, this .Court reversed Penn’s capital-murder convictions, in connection with the murders of Penn’s wife, Janet Penn, and her boyfriend, Demetrius Powe. See Penn v. State, 189 So.3d 107 (Ala.Crim.App.2014). Relying on Ex parte Billups, 86 So.3d 1079 (Ala.2010), we held that the circuit court committed plain error when the court failed to properly instruct the jury and limit the jury’s consideration of evidence that Janet filed a petition for protection from abuse against Penn and that the court’s error was not harmless. Penn, 189…