Brooks v. State

Clarke, Presiding Justice.

William Anthony Brooks was convicted in 1977 of the murder, armed robbery, rape and kidnapping of a young woman. He was sentenced to death. His murder conviction was vacated in Brooks v. Kemp, 762 F2d 1383 (11th Cir. 1985), vacated and remanded, 478 U. S. 1016 (1986), reinstated, 809 F2d 700 (11th Cir.), cert. denied, 107 SC 3240 (1987), because of a harmful burden-shifting jury instruction on malice. In the re-trial for murder the state is again seeking the death penalty. This is an appeal from the trial court’s decisions on two pre-trial motions. First, the trial…