Ex parte State of Alabama.Annotate this Case
In 2000, George Martin was convicted of murdering his wife, Hammoleketh. The jury found that Martin killed his wife to collect the proceeds from life-insurance policies he had taken out on her life. The jury recommended by a vote of 8-4 that Martin be sentenced to life imprisonment without the possibility of parole, but the trial court overrode the jury's recommendation and sentenced Martin to death. After his conviction and sentence were affirmed on direct appeal, Martin filed a Rule 32, Ala. R. Crim. P., petition for postconviction relief in which he alleged, among other things, that the State had suppressed material exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963). After conducting an evidentiary hearing, the circuit court granted Martin's Rule 32 petition and held that he was entitled to a new trial. While preparing for a new trial, Martin moved to dismiss the indictment as both a sanction for the State's willful misconduct, and because the prejudice resulting from that misconduct could not be corrected with a new trial. The trial court ultimately dismissed the indictment with prejudice on the grounds that the State's misconduct was willful and that the prejudice to Martin resulting from that misconduct could not be corrected by a new trial. The State appealed. After review of the trial and appellate court records, the Supreme Court held the Court of
Criminal Appeals erred in affirming the trial court's order imposing the extreme sanction of dismissing the indictment. Accordingly, the Court of Criminal Appeals' judgment was reversed and the case remanded for a new trial.