Hammonds v. Commissioner, AL DOC, No. 15-11797 (11th Cir. 2016)
Annotate this CasePetitioner Artez Hammonds was convicted of capital murder and sentenced to death. Relevant to this appeal, petitioner invoked his Fifth Amendment right against self-incrimination during the guilt phase of his trial and elected not to testify. The court certified the following questions to the Alabama Supreme Court: 1) Whether corrected page 228 of the trial transcript in Artez Hammonds’s trial for the capital murder of Marilyn Mitchell, attached hereto as Appendix A, was part of “the record that was before the [Alabama Supreme Court]” when it “adjudicated [Artez Hammonds’s claim that the trial court erred in denying his motion for a mistrial following the prosecutor’s reference to his decision not to testify] on the merits.” 2) If so, whether page 228 of the original trial transcript or corrected page 228 constitutes the official transcript of Hammonds’s trial.
The court issued a subsequent related opinion or order on October 17, 2017.
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