Kenneth Eugene Billups, alias v. State of Alabama

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REL: 12/16/2011 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. ALABAMA COURT OF CRIMINAL APPEALS OCTOBER TERM, 2011-2012 _________________________ CR-05-1767 _________________________ Kenneth Eugene Billups v. State of Alabama Appeal from Jefferson Circuit Court (CC-05-1755) After Remand From The Alabama Supreme Court BURKE, Judge. 1 1 This case was originally assigned to another member of this Court; it was reassigned to Judge Burke on February 19, 2011. CR-05-1767 The Alabama Supreme Court in Ex parte 1090554, December 30, 2010] So. 3d reversed affirming Billups, this Court's judgment [Ms. (Ala. 2010), Kenneth Eugene Billups's conviction for capital murder, a violation of § 13A5-40(a)(2), Ala. Code 1975, and his sentence of death. The Alabama Supreme Court determined that the trial court's jury instruction concerning the evidence of Billups's involvement in other murders was inadequate and erroneous. The Supreme Court concluded that the trial court's instruction as to this evidence amounted to plain error. Rule 45A, Ala. R. App. P. Therefore, that Court reversed our judgment and remanded the case to this Court with instructions that we remand it to the trial court for a new trial. In accordance with the Alabama Supreme Court's decision, Billups's conviction is hereby reversed and the case remanded to the trial court with instructions that a new trial be granted. REVERSED AND REMANDED. Welch, P.J., and Windom, Kellum, and Joiner, JJ., concur. 2

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