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Terrell v. State

Recent United States Supreme Court case law did not require the state to allege statutory aggravating circumstances in the defendant's indictment or have a grand jury consider statutory aggravators.

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A jury convicted Brian Keith Terrell of malice murder and ten counts of forgery. The jury recommended a death sentence for the murder conviction based on three aggravating circumstances: 1 murder committed while the defendant was engaged in an aggravated battery, 2 murder committed while the defendant was engaged in an armed robbery, and 3 murder that was outrageously or wantonly vile, horrible, or inhuman because it involved torture, depravity of mind, and an aggravated battery to the victim.1 The trial court denied Terrell’s motion for new trial, and he appeals.2 Finding no reversible error, we affirm the convictions and sentences.

Approximately seven weeks after he was paroled from prison, Terrell shot and beat to death seventy-year-old John Watson to prevent Watson from reporting to the police that Terrell had forged Watson’s signature on stolen checks totaling several thousand dollars. In addition to being a crime, stealing Watson’s money violated the terms of Terrell’s parole.

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