# McGahee v. State

> Supreme Court of Alabama · December 1, 1989 · 554 So. 2d 473

URL: https://www.frixlaw.com/law-library/cases/9934743

## Case

- **Full name:** Ex Parte State of Alabama. (Re Earl Jerome McGahee v. State of Alabama). Ex Parte Earl Jerome McGahee. (Re Earl Jerome McGahee v. State of Alabama).
- **Court:** Supreme Court of Alabama
- **Decided:** December 1, 1989
- **Citations:** 554 So. 2d 473; 1989 WL 161152
- **Precedential status:** Published
- **Opinion:** Dissent by Steagall
- **Judges:** Adams, Steagall
- **Cited by:** 52 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9934743

## Opinion text

I concur in that part of the majority opinion that affirms McGahee's conviction of two counts of capital murder. I respectfully dissent from that part of the majority opinion that vacates McGahee's death sentence and remands the case for a new sentencing hearing.
The basis for the majority's remand is the sentencing hearing testimony of Roy Brown, one of the victim's brother. The majority reasoned that Roy's testimony was irrelevant because it did not tend to prove the aggravating circumstance of Ala. Code 1975, § 13A-5-49 (3), for which it was offered. While this may be true, I believe that any such testimony did not rise to the level of prejudice expressed in Booth v. Maryland , 482 U.S. 496 , 107 S.Ct. 2529 , 96 L.Ed.2d 440 (1987).
In view of the foregoing and because evidence of other aggravating circumstances was presented that would support the sentence of death, I believe that both the conviction and the sentence should be affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9934743. Public record. Not legal advice.