John Louis Evans v. State

John Louis Evans, III, and Wayne Eugene Ritter were each charged by indictment with the first degree murder of one Edward A. Nassar by shooting him with a pistol while in the commission of a robbery, being a capital murder offense within the meaning of Act No. 213, Section 2, Subsection (b), Acts of Alabama 1975, Regular Session. Experienced counsel was appointed by the trial court to represent each appellant. These attorneys separately moved for a psychiatric examination of each appellant. The trial court granted these motions, and Dr. Claude L. Brown of Mobile filed his report on Appellant Evans April 21, 1977, and on Appellant Ritter April 22, 1977. Each report indicated that the appellant was competent, rational, and able to stand trial, that he understood thoroughly the nature and results of his actions, had no mental problems, was responsible for his actions, and that each was entirely capable of exercising control and judgment of his conduct. Each report also indicated that each appellant sincerely seeked the death sentence, preferring this to a long prison sentence. These reports were not submitted to the trial jury.