# Ex Parte Clark

> Supreme Court of Alabama · May 15, 1998 · 728 So. 2d 1126

URL: https://www.frixlaw.com/law-library/cases/9936800

## Case

- **Full name:** Ex Parte Andrew Bert Clark. (Re Andrew Bert Clark v. State).
- **Court:** Supreme Court of Alabama
- **Decided:** May 15, 1998
- **Citations:** 728 So. 2d 1126; 1998 WL 244577
- **Precedential status:** Published
- **Opinion:** Dissent by Hooper
- **Judges:** Cook, Hooper
- **Cited by:** 68 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/9936800

## How later opinions describe it (automated extraction)

- noting that the especially heinous, atrocious, or cruel aggravating circumstance has consistently been defined to include only “ ‘those conscienceless or pitiless homicides which are unnecessarily torturous to the victim’ ”
- observing that flight instructions are proper when supported by the evidence in the record

## Opinion text

I agree with the majority that Clark's conviction is due to be affirmed, but I cannot agree that this murder was not especially heinous, atrocious, or cruel. I am aware of the constitutional limits on the use of this aggravating circumstance, but I believe that Clark's actions were indeed heinous. It is undisputed that Clark's actions were indeed heinous. It is undisputed that Clark shot his victim six times — three times in the chest, three times in the head — with the final shot to his victim's brain clearly intended to be the coup de grace stilling him permanently. I would find that Clark's acts evince a disregard of human life and of the suffering of his victim great enough to constitute a particularly heinous, atrocious, Or cruel crime properly punishable by the death penalty.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9936800. Public record. Not legal advice.