McCorvey v. State Court Opinion

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g- MccoRvEI' v. STATE

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FAULKNER, Justicr:.

\['RIT DENIED, AIa.Cr.App.,
1047.

All the Justices concur.

Ala 1053

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Clte as 339 So.2d f0SJ

2. Criminal Lan e"527.616y

339 So.2d

Grover McCORyEy

v.

STATE.

3 Div. 3{1.

('ou11 6; Crinrinal A1r;rr:als of Aiabama.

Aug. lX, 19?6.

Rehearing Dcnit,d Oct. 5, 1976.

J-)efentlant s.as conr.ictr.d in the, Circuit
( r,,ir.i. Escanrlrirr ('r,unt.r, I)o.,:gla. S. \\.t,lrl,.
.1..,,1 mui-rit.r iri th,..first rl,-,grcc. anri hr,
:tl,l,r,:ii(r(i. Tht. C,rrrrt oi (-rimjiral Alipcals,
i.rr,(';,r'lo, J.. hL ld thal rrr.idcncr of defenrl:rrrt
l,risont.r's com1rlicit.1, in fatal stabbing of
('()rrcction ofliccr during;lrison riot u.as
.uflicicnt to sust.ain cor.t\.ictiol). that thert,
h:rd lrcen nrr r iolation of defendant's tiis_
({'\'{-,rl rights in u.irhholtling certain statt,_
Iri(-n t:: that t hc,rt, h:rrl lrccn no error in
l:rilirrg to sustain challcngr f,tr causc to:r
1,ro:;licctit'e.iuror; antl that thcre rvas no
t lt'or in dcnf ing rlrotion Ior mtrlicill treal_
Ittr,nt arrrl ht,aring ()n (,()nlp(rtcnce to stanrl
I rirri.

A 1'lirrnt.tl.

('t,rtiorari <leniql. Ala., BBg So.2d 105S.

l. llrrmicide e2U(5)
, Li iritrrcc ,rf ricfcntlant prisoner,s conr-

l,i;,it., in stal;lrirrg rlcath of t.orrt,ction ofli_
"' rillr;l,g iilisurr riot u.as srrfficient to sus-

,,,:.: 
,',,r,. it.tirrrr lirr nrLir.rlt,r. in tht, first tlt.-

In absence of an1, abuse of trial court,s
discretion in deterrrrining that statements
by witnesses were not of an exculpatorv
nature, there was no error in determining
that withholding statements did not violate
defendant's right to discoverl..

3. Criminal l,aw e-622.5(6)
Where a substantia) portion of product

of investigator's intervieu. u-ith deiendant
was denied ir1' defendant and the rest u,as
said to be ansu-ers of the int.estigator, not
those of defendant, the document in qru._
tion was part of the inr,cstigator's pr<riluct
in the investigation an<l not a suliject of
discove rr'.

4. Jur-r' el03(l)
To dis.lualift'a prosl)ectir.e iurgr. hr.

must have more than a bia... or fired olrin_
ion, as to thc guilt or innot.enct,of tht.
accused; such opinion must lrc so fixed that
it u'ould bias the vertlict a juror u.oukl be
required to rendcr.

5. Jur) c-90
Tiir:.c r,, as n() e rror ir rlrnial of chal_

lengc for causL t(, a proslrrrciir.c juror u.ho
knr,u' u'itness for tht, Statt, u.hcrc it s,a_.
not shou'n that iuror u.oulrl lrc biascrl
against defendant and shc statexl that thc
fact that shc kneq. u.itncss rtoulrl not affcct
her iudgment.

6. Criminal l,a$ 6625
P.i*n. *, 17

There u.as no error in Ccnr.ing motion
frrr murlical trctrtn)(.t)t ari<l ht,lrring on (,onl-
Irtcnce to stan(l trial on tht, basis ol rlt,_
fendant's letter from lrrison rcciting thut ht,
had suffered r.arious injurie* and u,as suf_
fering from blackout slrell-s. rr.here prison
ph.r'sician submitterl affidar.it stating that
defendant had not re,ceiverl fractured skull
or gunshot u.ound as claimecl and that iniu_
rit,s receivetl w.ou]tl not cause an.\. i,r..ing_out spells.

L)corge \\'. Harris, [iirniing]ilinr
lrt liirnt.

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1054 Ala. 3:I9 SOUTHERN REPORTE& 2d SERIES

William J. Baxley, Atty. Gen., and C.

Lawson Little, Asst. Atty. Gen., for the
State.

DeCARLO, Judge.

This is another case growing out of the
January 18, 1974 prison riot at the Atmore
Prison in Escambia County. As a result of
the assaults, and the killing of a correction
officer,. Luell Barrow, other inmates who
participated in the socalled "revolution,"
have been tried and convicted.

Among the cases reviewed by this court,
involving other inmates are: Harris v.

State, Ala.Cr.App. [Jan. 20, 1976]; Johnson
v. SLate, 335 So.2d 663; and Heard v.

State, 335 So.2l 679 (hereinafter referred
to as .Harns, Johnson and Heard.) Al-
though the facts concerning this appellant's
complicity in the stabbing death of the cor-
rection officer differ slightly from those in
Harris and Johnson, they are almost the
same. Only the pertinent facts will be

outlined in an effort not to duplicate the
facts already recited in ^[Iarz's and Johnson.
However, in order to maintain a coherent
recapitulation, some facts must be repeated.

The scene of thc murcier was thc prison
segregaticn unit, which refers to that sec-

tion of the prisc;r compound set aside for
inmates who break rules set down by the
prison authorities.

It was during the riot that correction
officer Luell Barrow was being held hos-

tage by some rioting prisoners. Appellant
was among that group.

Marion Harding, the warden at the At-
more State Prison, was the first State wit-
ness. On the day of the disturbance, Har-
ding received a communication that two
inmates and two guards had been taken
hostage. He went to the segregation unit
where the hostages were held and spoke
with inmate Dobbins. The conversation
took place in the lobby of the unit, through
a secured opening in a door leading into the
area containing the cells.

Dobbins told the warden that: "'
the revolution is on."', and: "'We are
ready and willing to die hut we are going to

kill some of you pigs to start with.' " All0lI
the inmates, the warden saw, were arn€d riil
and inmates, Johnson, Moore and Dobbiu! J':::

beat on the window with knives. lotu15m l:_
told the watden: "' *" h.n.rl-Siit
ready killed two people. We have kil€dj'#.
some niggers and anitches, some houge oUli*r,
gers and snitches and we are going to tiU,l.fi
some of the mother f------ pigs hefa'.-#:l
this is over with."' At that point, Dobbig-,i.$i
ordered they be brought up so the wardeat:ii
could see that they meant busiiress. Tr0 "1,-

inmates were &agged in front of the open, , i
ing on a blanket. Both were bloody rad l,

appeared to be dead. Subsequently, Officer .:,;

Dreadin was brought to the front, his hands

were tied behind his back an<i he was held

at the collar by the appellant, Grover
McCorvey. Officer Dreadin was asked by

the inmates, if he believed they would kill
him and he replied: "'Yes, I do."' Then

Officer Dreadin was taken back to the cell

block by appellant and Johnson.

When eardboard was placed over the win
dow, the warden moved to another windov
where he saw Officer Dreadin sitting on r -

food cart surrounded by appellant, Hesrd

and Dobbins, g'ho had knives in their hand^lr.

An inmate called to Warden Harding:

"'Come on in. \1'e are ready to die. lTc

are going to kill some you mother f ------
too."' When Harding tried to talk, Dob
bins ordered that, " '. one of thoe
mother f------ pigs ."' h
brought to the front so the warden could

see they meant business. It was at thir

time the warden heard some scuffling and

Officer Dreadin call out: "'Come on in and

get us, they have killed one of us and tley
are killing me now."' At that point, 0ffi'
cer Dreadin appeared at the door and John'

son, Heard and Moore stabbed him. Guandr

were ordered into the unit and the riot w$
quelled.

Jewell Thomas, an inmate, t€stifie't thrt
during the riot, Dobbins came into his cll
and asked him whether he was with thet!

or not. After Thomas asked, in r+'hat-t'

Dobbins said: "'kill these two bitchet

referring to Officers Dreadin and Benor'

When Thomas replied, "no way," Dobtir

stt'pptrd I

c:rllerl:
i3t'asle.i',
al,pcllant
t,,'ll. All
bins ordet
1{'hen Th
him in th,
stabbing
fl<xrr, the
ed that du

out of his
3on pass

\l'hen the;
r, blanket
along wit
l,i:rn ket.
I)olrbins tc

.r'our snitc.

l\'hen tl
u as taken
ht, had be,

Arthur
held hosta
ttstified tI
lrt: and Of
ft.c<ling of
irlought sr

i,urnpe<l O
t rrrnt.rl, J<l

i,nifc at hi:
:rt 0fficer
:rlr,ng *r'1,1',

trken. All
rurrit.

-{,fter bei
t rr to the l,
'l irt, innratr
g,,ing to cu
rinrvp 15" 5,

Drcarlin
anrl Johnso
lanl u.ere ir

\\'he.n thc
rlos' u'hcre
l;rrrt placed
t irroat an(l
hrs trrllar.
tirkr,n into c,
llr'rtrtl anrl
.,,n, Harris



Il of
med
rbins

nson

e al-
rilled

nig-
r kill
efore

bbins

uden
Two

Dpen-

' aqd

fficer
iands

he ld

rover
ed by

d kill
Then

re cell

e win-

indow

l0n8
Heard

hands.

rding:
r. We

. Dob
I thor
"trc
r coukl

at thls

ng an'i

in and

rd theY

r offi'
C Jchn'

Guards

iot wEr

eC thrt
his crll

.h them

*'hrt'!.
itches

88rtos
Dobhint

McCORVEY v. STATE
clte as 339 So.2d I 053

stepped from the cell into the hall and cell. Officer Dreadin was stanrling immedi-

called: "'Give me five good brothers."' atelf in front of Officer Barrow u,hen he

Beasley, Wilson, Harris, Johnson and the heard him groan and saw him slumlr t<., thc
appellant appeared and entered Thomas' floor. At that point, Dreadin shouted:

cell. All were armed with knives and Dob- "come and get us 'They done

\\'irt.n thc officers were taken to the win-
'i',t' ir h.re thc u'arden u'as standing. ai;1xrl-
l:L: i lilrrrerl a kniic at Officer Dreadin's
:irr',,;11 1ipfl helrl hini up to the rvindorv b1'
lii. tt,liirr. Aftcru artls, tht' officcrs rvcrc
l:ti-.t tr into ccll ont'. u'hich cont:linr,d inmates
llL ltt'rl unrl Dolririns. Sul,scquentlr', John-

"':t. [lirrris anrl tlrt.:rp1x'il1sn1 cilm('t.o th(,

Ala 1055

his head around a corner in rcslronsc to his

announcement for inmates to comt, to tht
back lohbr- if thel u'ishcd to stlrrendcr.

Appellant testified thrrt on the dai' of tht'
disturhance, he u'as confinerl in thc segrc-
gar.ion unil and had li,-'tn thcrt: for tlttttist a

1,ear iiftr:r rttlusing to tvttrl', tltrr' t,r thc fttcl
ht: u'as rttttlcr rt (l(rct()t"s ('ale. IIt'(-orvt'i'

bins ordered Thomas to get on his knees. killed Mr. Barrow and they [are] stabbing
When Thomas refused, Dobbins stabbed me."' Dreadin ran from the cell to the
him in the arm and then the others began front lobby. It was at this time that the

stabbing him. When Thomas fell to the warden led the guards into the hall.

floor, the group left the cell. Thomas stat- After the riot, Dreadin was taken to a
ed that during the period the inmates were hospital where he remained for seven da1's.
out of his cell, he sau' appellant and John- He had sustained twenty-six stab wounds,
ion pass his eell, carrying bloody knives. one of which collapsed his lung.
\4lhen they returned they rolled Thomas in
a branker and dragged him to the front, il|j]^ 1 ^T::: .f, 

exclude the state's

along with another inmate, on another evidence was overruled' the appellant called

biar,ket. when thel- reached the entrance, claude Harris' an inmate confined in thc

Dobbins toki the u'arden: "'here is t*. of segregation.Ynit, ut th* time of the distur-

rour sn*ches "' i:,:::,r?1"*il"':.il Hlllll.iillii,l'ili
\1'hen the disturbance was over, Thomas lobb1. and heard Dobhins making a requcst

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Arthur Dreadin, the comection officer segregation unit where he sau' thc defend-

hcld hostage, along with Officer Barrow, ant for the first time that dai'. When

tt,stificd that just prior to the di-sturbance, Harris started to return to the' lobbt', hc

ht and Officer Barrorv had completed the heard the guards entering tht unit.
Itctling of sirli: tu'o of tht tinit u'hen llarris l-arr... Shcttherrj, irnt:ther inmriti, in tht,

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1urnt.d, Johnson iil)l)caic(l and placed a riefr_nrlant in the liack hallu'a1. stantlirrg .n
kniltr at his throat rvhile Haris held a pick a u.,orlen crate, lo.king .ut a t'inrl<,*..
itt ()fficer Barrou''s back. The cell ke1's, Shepher6 *.as in the back of the unit at),)rrt
i'j,,r:g ttith the officer's belongings, u'ere fi'e or ten minut<:s lrforc thr guirrris r.r,rrc
i;.ke n. All the cclls s'ere unlocked in the into the segregation unit. Hr, :r(lmit1(,(l
trlit' riragging Jeu'el] Thonras t<t tht' lrtint loirl't'

.\I'ter being bound, the officers u'erc tak- but staterl he did not sec tht' a1r1rt'llant.
t rr to thc lobbl' and placed on a food cart. Shcphcr<l sau' inmates u'ith clulrs. spiiit's
'['irt'inniates tol<l thc officers thel'werc and knives, but did ntlt set'tht'altPcllant
1'riitrg to cut thcir heads off and roll thcm with anl'\\eafx)n.
(ir)\\'l) thc hall, to shorv thel'meant business. Jumes f). White, a cgrrcctignal c,,runst,l,,r,

I.)r'rrarlin stattrl that along rvith Harris sau'alrqrellatrt just treforc tht'riot enrlt'tl.
:Ltrtl .lrrhrrson, Moorc, Heard and the ap1rcl- \\'hite was at thc back rloor of thc segrcglr-
l:ttrt trt,rt.involvctl in taking them hosta61e. tion unit u'hen he sar.r'the dcfendant stick



1056 Ala. 339 S0UTHERN REP0RTER' 2d SERIES

was asleep when the riot started but the

,"i* *rf," f,ir. After standing in front of

ilir-*ff for about five minutes' he went to

ti"l"tty where he saw Dobbins talking to

ii,. *".a"n. Approximately five minutes

laLer, he went to the back of the segrega-

ii"t lrrt where he climbed on a crate to be

near a window in the event tear gas was

thrown.

Appcllant maintained hc remaincd b1' the

,inito* during most of the disturbance'

ii.'J.ri.a holrilng Officer Barrorv up to the

**'inaut, u'herc tht' rtartlen could sec him'

ona a.ni",t going inrri thc cell where Officer

;;;t;," was stai'l,ttl' IlcC<'rvey' said he d-id

nnt .t"f, Jcwcll Thomas and mainteined he

aii no, have a knifc during the disturbanr:e'

U" .irt.a it u'as his intention to surrender'

"fr"r-fl" 
hearrl the guards come in with

shotguns, and deeided against it'

McCorvey also complained he rtas beaten

,nartnt in th" fuc" during the disturbance'

nation. Nowhere is it argued thtt t
statements of Officer White and imlf
Shepherd were not among them. )'., 

.

Appellant argues the stst€ment h
White and inmate ShePherd were o( 13

exculpatory nature, yet, this pr*iee qu1;l'

tion was before the trial judge whe b
determined what statements would L
turned over to the defense'

This court in Thigpen v' State, '10 AL
App. Zi3, 2?tl So.kl 666, stated:

'r r. it is within the discretion ol

the trial court as to whether & pmft1sr

ing.officer \i'ili bc compelled ls [sp rrrr:

t, the tlefense uritten notes ntauk' i';

officers tluring the investigation ul :
crime."'

This rationalc covers the point of qrn1"

tion hcrc. From what aPPeani in Y'

.",.ta, the exculpatory nstuttil of ltlrit+l

uiJ St.pt 
"td's 

statements werc conrirktri

r,ll1r,. ."r.t and the judge determind thc!

,r-." not of that Persuasion' Sce dP

Il;,rie/.. r'. Stait', 49 Ala'App 6i'}4' 2?5 n'j
16!.

Withotrr sonle showing of atru:t in if

court's determination that thei u'crt no!' 'I

fact ex<,ulpat()r]-' we fail to see that tm"

existed-

tl ] Alrpcllant tpn11'nrls thc factsr

,,ar'.r,'n*',i irl th'- S"l'1t r'"'t"t ntrt:ufflt'itn"
'1,, 

c,,,r, ,ct him unr)t'l' 1l'rt ilt t'I i ll'' u as an

oi,f"l" ona ai)ett(rr irl Oif rct 1 |':.r'rrq*r''s. lTlul'-

der. After a close rcvicri o{ lne tesllmon}'

outlined above, u'c finrl tht eviritt.tcc u'as

;;;i;;;;, to present the question of appel-

lant's complicitl t" thc jur1"

Many other instances of error rvere raised

in ti" "t,.i.f h1' appellant' but all' u'ith the

"x""ptiun 
of tire' sufficitnt:1' of the evidt'nct

ir".ii"" and four other issues' were ad-

i.....,1 b1' this court in llarris' Jolnson and

Heard.

The four othtrr issues pccuiiar to this cast'

are:

I

t2l First. the appcllant mainlains the

u'itnholcling of skitcments by Whire and

Shephcr<1, r'iolatc'ri his right t: tll:::].v.tj'i

and the court u'as in e'rror in not grattttttg a

mistrial.

In <iur revieu' of the recoril' u'e found thtr

,.iri iua*. hail prior to the trial' rentl all

ttr" .i"t,.,r"nts tltkcn lrr thc invcsti{:ators'

Sonrc sevetttv or cightl statcnl{'nts were

nra,.l.' rivailalrir: to tht' trial court for elamt-

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t3] Apl,ellant also insisLs his statemtr'

tai;; ;i: o s"to investigator stro-ull t'r''

i.., ,r.""4 over to him and the failun :'

;;;r..' it u'as a violation of his dtre 1'nr' ''

.ig|'t' tn fundarnental fairness'

It does not appear' from uhat rt' cr"

sl;;r";;. ihc rceord' :", 
t1' 

1::1,1:,f';;
such, a,loptetl or signed bv aplxrtanu

so-cirlled statement seems to 6e the pdut:

; ;;'"ir;;,igator's interview with rPPt.

i;r; A subsiantial portion of it was dcntt"

i,t'in"'"ru-i,nnt una the rest wa^s saki to l'

;;.";il:i;-'"i 't't 
investigator' not thl'f'

of thc aPpellant'

From our cxarnination of the ranrttj*

this set'nts tr' bc a pert of 15c' invustiFrt'''

ur,-,r,i 
: it,*'nu"ttig"'ii,.il,1rt:t 

";:]
jrct of discoverl'unrl
supro.

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