Ex parte Corderious McLellan.

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rel: 09/04/2015 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) 2290649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. SUPREME COURT OF ALABAMA SPECIAL TERM, 2015 ____________________ 1141027 ____________________ Ex parte Corderious McLellan PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Corderious Domini McLellan v. State of Alabama) (Jefferson Circuit Court, CC-13-3316; Court of Criminal Appeals, CR-14-0143) MAIN, Justice. WRIT DENIED. Stuart, concur. NO OPINION. Bolin, Parker, Shaw, Wise, Moore, C.J., and Murdock, J., dissent. and Bryan, JJ., 1141027 MOORE, Chief Justice (dissenting). 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 He appealed his conviction to the Court of Criminal Appeals, which affirmed by unpublished memorandum.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 ยง 13A-5-40, Ala. Code 1975, may be transferred along with the intent to kill. I do not believe Alabama cases adequately answer this question. See, e.g., Ex parte Jackson, 614 So. 2d 405 (Ala. 1993); State v. Phillips, 842 So. 2d 27 (Ala. Crim. App. 2002). 2