Flowers v. Allen (DEATH PENALTY)

Filing 78

ORDER VACATING SENTENCE: By Memorandum Opinion and Order of 1/13/2021, this court found that Petitioner, Richard Flowers, was "entitled to a new penalty phase trial," granted Mr. Flowers a writ of habeas corpus to that extent, and direct ed the parties to confer regarding the possibility of reaching "an agreement as to the resolution of all issues in this action...." (Doc. 72 at 64.) In accordance with this order, the parties conferred, advised the court that they have re ached an agreement to settle this matter, and agreed that this case should be remanded to the Circuit Court of Montgomery County, Alabama, for the purpose of resentencing at which the parties will request that Mr. Flowers be resentenced to life witho ut the possibility of parole. (Doc. 76 .) Pursuant to the parties' Joint Stipulation (Doc. 76 ), Mr. Flowers has agreed to waive his right to a jury for the sentencing hearing conditioned upon the Montgomery County Circuit Court accepting the State's motion to sentence him to life without the possibility of parole ("LWOP"). If resentenced to LWOP, Mr. Flowers has agreed to waive further appeals or collateral challenges to his conviction and sentence in CC-97-20. The parties stipulate that the habeas case, including all pending claims, should be dismissed if a sentence of LWOP is imposed. The parties further stipulate that Mr. Flowers will not appeal this court's ruling denying him relief on his claim of ineffectiv e assistance of counsel during the guilt phase of his trial and that Respondent will not appeal this court's ruling granting a new sentencing hearing to Mr. Flowers. In accordance with the parties' Joint Stipulation (Doc. 76 ), it is ORDER ED that: 1. Petitioner Richard Flowers's original death sentence imposed by the Circuit Court of Montgomery County, Alabama, on March 9, 1998 is VACATED pursuant to 28 U.S.C. 2254. 2. This case is REMANDED to the Circuit Court of Montgomery Coun ty, AL, for the purpose of conducting a new sentencing hearing before that court in accordance with Alabama law. 3. Within fourteen (14) days of the entry of this order, Respondent's counsel for the State shall file a notice with the Montgomery County Circuit Court in State v. Flowers, CC-97-20, affirmatively stating that the State is no longer seeking a death sentence and that it will be moving the court to resentence Mr. Flowers to LWOP for the murder of Annie Addy. 4. This federal habeas action is STAYED pending Mr. Flowers's resentencing hearing in the Montgomery County Circuit Court in State v. Flowers, CC-97-20. 5. The parties shall file a Notice in this action within seven (7) days of Mr. Flowers's resentencing and, if appropriate, shall move for dismissal of the remaining claims in this action. Signed by Honorable Judge William Keith Watkins on 5/18/2021. Copy mailed to Clerk, Circuit Court of Montgomery County, Alabama.(dmn, )

Case 2:10-cv-00579-WKW-CSC Document 78 Filed 05/18/21 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

RICHARD FLOWERS,
ADOC # 0000Z632,
Petitioner,
v.
JEFFERSON S. DUNN,
Commissioner, Alabama Department
of Corrections,
Respondent.

)
)
)
)
)
)
)
)
)
)
)
)

CASE NO. 2:10-CV-579-WKW
[WO]

ORDER VACATING SENTENCE
By Memorandum Opinion and Order of January 13, 2021, this court found
that Petitioner, Richard Flowers, was “entitled to a new penalty phase trial,” granted
Mr. Flowers a writ of habeas corpus to that extent, and directed the parties to confer
regarding the possibility of reaching “an agreement as to the resolution of all issues
in this action . . . .” (Doc. # 72 at 64.) In accordance with this order, the parties
conferred, advised the court that they have reached an agreement to settle this matter,
and agreed that this case should be remanded to the Circuit Court of Montgomery
County, Alabama, for the purpose of resentencing at which the parties will request
that Mr. Flowers be resentenced to life without the possibility of parole. (Doc. # 76.)
Pursuant to the parties’ Joint Stipulation (Doc. # 76), Mr. Flowers has agreed
to waive his right to a jury for the sentencing hearing conditioned upon the

Case 2:10-cv-00579-WKW-CSC Document 78 Filed 05/18/21 Page 2 of 3

Montgomery County Circuit Court accepting the State’s motion to sentence him to
life without the possibility of parole (“LWOP”). If resentenced to LWOP, Mr.
Flowers has agreed to waive further appeals or collateral challenges to his conviction
and sentence in CC-97-20. The parties stipulate that the habeas case, including all
pending claims, should be dismissed if a sentence of LWOP is imposed. The parties
further stipulate that Mr. Flowers will not appeal this court’s ruling denying him
relief on his claim of ineffective assistance of counsel during the guilt phase of his
trial and that Respondent will not appeal this court’s ruling granting a new
sentencing hearing to Mr. Flowers.
In accordance with the parties’ Joint Stipulation (Doc. # 76), it is ORDERED
that:
1.

Petitioner Richard Flowers’s original death sentence imposed by the

Circuit Court of Montgomery County, Alabama, on March 9, 1998, is VACATED
pursuant to 28 U.S.C. § 2254.
2.

This case is REMANDED to the Circuit Court of Montgomery County,

Alabama, for the purpose of conducting a new sentencing hearing before that court
in accordance with Alabama law.
3.

Within fourteen (14) days of the entry of this order, Respondent’s

counsel for the State shall file a notice with the Montgomery County Circuit Court
in State v. Flowers, CC-97-20, affirmatively stating that the State is no longer
2

Case 2:10-cv-00579-WKW-CSC Document 78 Filed 05/18/21 Page 3 of 3

seeking a death sentence and that it will be moving the court to resentence Mr.
Flowers to LWOP for the murder of Annie Addy.
4.

This federal habeas action is STAYED pending Mr. Flowers’s

resentencing hearing in the Montgomery County Circuit Court in State v. Flowers,
CC-97-20.
5.

The parties shall file a Notice in this action within seven (7) days of Mr.

Flowers’s resentencing and, if appropriate, shall move for dismissal of the remaining
claims in this action.
DONE this 18th day of May, 2021.
/s/ W. Keith Watkins
UNITED STATES DISTRICT JUDGE

3