# Ex Parte Apicella

> Supreme Court of Alabama · March 30, 2001 · 809 So. 2d 865

URL: https://www.frixlaw.com/law-library/cases/9934420

## Case

- **Full name:** Ex Parte Andrew Anthony Apicella. (In Re Andrew Anthony Apicella v. State of Alabama).
- **Court:** Supreme Court of Alabama
- **Decided:** March 30, 2001
- **Citations:** 809 So. 2d 865; 2001 WL 306906
- **Precedential status:** Published
- **Opinion:** Concurrence by Woodall
- **Judges:** Houston, Lyons, Woodall
- **Cited by:** 64 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Abrogated on other grounds by Betterman v. Montana, 136 S. Ct. 1609 (2016).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9934420

## How later opinions describe it (automated extraction)

- observing that even before the ratification of the Alabama Constitution of 1901, “in cases involving egregious conduct, discretionary awards of punitive damages by juries were subject to post-judgment review by the courts under an abuse of discretion standard”

## Opinion text

I concur in those portions of the main opinion dealing with the delay in sentencing and the juror misconduct. However, with regard to that portion of the opinion which holds that a trial judge's statutory right to override a jury's recommendation is constitutional under Article I, § 11, of the Ala. Const. of 1901, I concur in the result. As the main opinion states: "This Court has indicated that the constitutional *Page 875
right to trial by jury does not encompass assessing punishment in capital cases, Ex parte Jackson , 672 So.2d 810 (Ala. 1995) (Houston, J., concurring in the result); Ex parte Giles , 632 So.2d 522 (Ala. 1993)." 809 So.2d at 873. Today's opinion is consistent with those precedents and, therefore, any discussion of Smith v. Schulte , 671 So.2d 1334 (Ala. 1995) and Henderson v. Alabama Power Co ., 627 So.2d 878 (Ala. 1993), is unnecessary.
Harwood, J., concurs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9934420. Public record. Not legal advice.