
    Ex parte Corderious McLELLAN. (In re Corderious Domini McLellan v. State of Alabama).
    1141027.
    Supreme Court of Alabama.
    Sept. 4, 2015.
    Talitha Powers Bailey, Birmingham, for petitioner.
   MAIN, Justice.

WRIT DENIED. NO OPINION.

STUART, BOLIN, PARKER, SHAW, WISE, and BRYAN, JJ., concur.

MOORE, C.J., and MURDOCK, J., dissent.

MOORE, Chief Justice

(dissenting).

I respectfully dissent from the denial of the petition for a writ of certiorari filed by Corderious McLellan, who is serving a sentence of life imprisonment without the possibility of parole on a capital-murder conviction. He appealed his conviction to the Court of Criminal Appeals, which affirmed by unpublished memorandum. McLellan v. State (No. CR-14-0143, May 29, 2015), — So.3d - (Ala.Crim.App.2015) (table). I would grant McLellan’s petition to determine whether, under the doctrine of transferred intent, the factual circumstances that elevate the killing to a capital offense as defined in § 13A-5-40, Ala.Code 1975, may be transferred along with the intent to kill. I do not believe Alabama cases adequately answer this question. See, e.g., Ex parte Jackson, 614 So.2d 405 (Ala.1993); State v. Phillips, 842 So.2d 27 (Ala.Crim.App.2002).  