McCorvey v. State Court Opinion
Working File
August 24, 1976

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Case Files, Bozeman & Wilder Working Files. McCorvey v. State Court Opinion, 1976. aeba5e98-ee92-ee11-be37-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/3316defb-ac2c-4459-8c3d-3bc670b93fd5/mccorvey-v-state-court-opinion. Accessed April 29, 2025.
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$Y a $,(b Q* ca 1 /'w '. g- MccoRvEI' v. STATE (,*" drwri il r! i rl J ,t I r0' FAULKNER, Justicr:. \['RIT DENIED, AIa.Cr.App., 1047. All the Justices concur. Ala 1053 r{ I rl ,i I x ,,i 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. I If ,f L ,tl li,ttl Il+ts ;{ii lor ai,- 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 ;IT:T:.T,1"i",xl'il:j,'fi -T ffi: J"' o i:: ":: " ll:,i:";''; " il: J: " [:: r] - T, : i : 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, ll::,lLl il?;:".'.il:.,,'lll" ,lli;,'';;Jiil ::fl::,:"'ii,i ,il'l;,";i ,,ll'.,.;i'il i:ll'[: 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- (;t l* I f r' I II 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. fr---