Legal Opinion

Kelley v. State

Court of Criminal Appeals of Alabama

Decided September 5, 2014No. CR–10–0642PublishedCited by 6 opinions

1Opinion of the Court

WINDOM, Presiding Judge.

This Court's opinion of March 14, 2014, is withdrawn, and the following opinion is substituted therefor.

Michael Brandon Kelley appeals his convictions for two counts of capital murder and one count of sexual torture. Kelley was convicted of one count of capital murder for taking the life of Emily Milling during the course of a first-degree kidnapping, see § 13A-5-40(a)(1), Ala.Code 1975; a second count of capital murder for taking the life of Emily during the course of sexual abuse, see § 13A-5-40(a)(8), Ala.Code 1975; and one count of sexual torture for acts he…

Also in this document: Concurrence.

2Cases cited136 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Apprendi v. New JerseySupreme Court of the United States · 2000
  3. Miller-El v. CockrellSupreme Court of the United States · 2003
  4. Batson v. KentuckySupreme Court of the United States · 1986
  5. United States v. OlanoSupreme Court of the United States · 1993

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3Cited by6 opinions

  1. Smith v. StateCourt of Criminal Appeals of Alabama · 2017
  2. Townes v. StateCourt of Criminal Appeals of Alabama · 2015
  3. Kelley v. State (Ex parte Kelley)Supreme Court of Alabama · 2015
  4. Russell v. StateCourt of Criminal Appeals of Alabama · 2015
  5. Kelley v. StateCourt of Criminal Appeals of Alabama · 2016

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