Criminal Jury Selection

Wheat owned a convenience store in Wagarville. On the morning of December 19, 2008, two women saw Defendant run out of the store and get into an automobile driven by Juan Crayton. A short time later, a customer walked into the store and found Wheat dead on the floor.

Crayton drove to the home of Earnest Barnes in Mobile. Barnes took Defendant to the bus station where he bought a ticket to Tampa, Florida. Barnes received a call from his cousin who told him that Defendant and Crayton had killed someone. Barnes contacted law enforcement and reported his contact with the two men. Defendant was arrested at the bus station. Barnes gave police permission to search his property. In the backyard, they found Wheat’s driver’s license and bank cards. After Defendant was arrested, he invoked his right to counsel.
The Defendant asked to speak to police investigators. Deputy Ferrell Grimes went to the jail where he reviewed a Miranda form with Wimbley. Defendant signed it. Defendant told Deputy Grimes that he had shot Wheat and stolen cash. He then spread gasoline in the store and on Wheat and tried to set it on fire. Defendant was found guilty of one count of capital murder for killing Wheat during the course of a robbery and one count of capital murder for killing Wheat during the course of an arson.

He was sentenced to death on both counts. He appealed. Affirmed. In this case, “Defendant sought to speak with officers investigating his crime, not merely his jailers. When he met with the officers investigating his crime, he stated that he had asked to speak with them to tell them everything he knew’.” This issue does not afford Defendant any relief.
“A confession is not rendered involuntary if it was made in response to a promise of benefit that was solicited by the accused.” Ex parte Siebert, 555 So.2d 780, 782 (Ala.1989). Based on the record and the plain-error rule, the Court rejected these arguments as well as others submitted by Wimbley. The judgment of the trial court is due to be affirmed. Wimbley v. State of Alabama

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