DOC#: Z544
Inmate: Williams, Jason Oric
Gender: M
Race: W
DOB: 04/18/1968
Prison Holman
Received: 12/02/1992
Charge: MURDER
County: Bentley

Mobile Press-Register

"Jason Oric Williams executed for 1992 murders," by Katherine Sayre. (Thursday, May 19, 2011, 7:43 PM0

ATMORE, Ala. -- Jason Oric Williams smiled at his weeping mother and asked forgiveness for killing four people before he died by lethal injection at 6:19 p.m. today.

Williams, who turned 43 one day earlier, was the first inmate in Alabama to be executed using pentobarbital in the state's three-drug lethal injection. The state was forced to change the drug because of a shortage of sodium thiopental across the U.S. "I hope that the families of the victims forgive me for what I've done," Williams said as he lay strapped to a bed.

Williams killed four people and injured three others during a shooting rampage in south Mobile County in the early morning hours of Feb. 15, 1992. Gerald Paravicini, 46, Freddie Barber, 50, Linda Barber, 45, and Bryan Barber, 22, were shot and killed in their homes off Padgett Switch Road about 6 a.m.

Ten family members of the victims -- including one man who survived being shot -- witnessed the execution at Holman Correctional Facility in Atmore, according to an Alabama Department of Corrections spokesman. In another viewing room, Williams' mother and aunt looked on after a day of visiting him in prison. A minister who works with death row inmates also sat with the family.

Williams appeared calm as he looked at his mother through a window and smiled. A prison chaplain knelt beside Williams as the pentobarbital, the first of three drugs, was administered. They appeared to pray together for a few minutes before Williams' head dropped to one side. He did not move again. He was pronounced dead at 6:19 p.m.

Williams made no special request for a final meal from the prison. He ate chicken wings and sandwiches that his family bought from vending machines in a prison visitation area, the spokesman said.

Defense lawyers for Williams challenged the use of pentobarbital in the execution, arguing that it wasn't proven to cease consciousness or otherwise stop the ability to feel pain. His lawyers said that violated the constitutional ban against cruel and unusual punishment. The U.S. Supreme Court denied his request for a stay of execution minutes before it began.

Williams, then 23, claimed that he had used crack cocaine, LSD, and alcohol in the hours leading up the shooting. He returned about 6 a.m. to the Paravicini's trailer home in Irvington, where he has been temporarily living with the family. After talking to his estranged wife on the phone, Williams grabbed a .22-caliber rifle and began firing at Paravicini. He then beat Paravicini's wife with the gun and shot her 16-year-old son in the face, according to Press-Register archives. The mother and son survived and later testified in court.

Williams then walked to the Barber family's brick house about 200 yards away. He gunned down Linda Barber, who was getting ready for work at the U.S. Postal Service, and Freddie Barber, who was drinking coffee in the kitchen, according to the archives. He walked into a bedroom and shot the couple's 22-year-old Bryan as he slept. A younger brother, 16-year-old Brad, was shot in the hand before he ran away.

Louie Barber, Freddie's older brother, said the past two decades have been difficult for his family. He said Brad Barber continues to suffer from nightmares. "We're going to try to put it behind us and go on with our lives," Barber, 75, said after witnessing the execution. "You don't never really want to see somebody die, but I think justice was served." "I never did think I'd live to see this day, but I did and I thank the good Lord for it," he added.

Williams willed all of his possessions to Ellen Leeabel of Warrior, Ala., according to the spokesman. It was unclear how the two knew each other. His belongings were a Sanyo black-and-white TV, assorted pictures and letters, cosmetics, a brown leather Bible, a shaving mirror, and 18 postage stamps.

After the execution, Williams' family did not speak publicly. During a 1992 sentencing hearing, Williams' mother, Patricia Neal, asked a jury not to recommend the death penalty. "I just blame me because I was not a mother to my son like I should have been," she said. "Please don't kill my son."

Reuters News

"Alabama executes man who killed four in 1992," by Monique Fields. (Thu May 19, 2011 8:41pm EDT)

TUSCALOOSA, Ala (Reuters)- Alabama on Thursday executed by lethal injection a man who went on a shooting rampage that killed four people after a night of drinking alcohol and taking drugs in 1992. Jason Oric Williams, 43, was pronounced dead at 6:19 p.m. local time at the Holman Correctional Facility in Atmore, Alabama, said Department of Corrections spokesman Brian Corbett.

Williams was the first inmate put to death in Alabama using pentobarbital, and his execution was the third in Alabama this year. He had been on death row for 18 years. Williams was the 18th person executed in the United States this year, compared with 46 executions in all of 2010.

Authorities said that after a night of ingesting alcohol, LSD, prescription drugs and crack cocaine in February 1992, Williams went to the home of Gerald Paravicini, his wife and stepson. The family had taken Williams in two weeks earlier after his ex-wife demanded he leave her home. When Clair Paravicini's son, Jeffery Carr, opened the door, Williams shot him in the face. He then shot Gerald Paravicini in the chest and neck, killing him. Williams broke Clair Paravicini's jaw with the butt of a 22-caliber automatic rifle and took her purse with her checkbook, credit cards and $530. Clair and her son survived the attack.

Williams, then 23, left and went to a nearby home. When Linda Barber opened the door, Williams shot her in the face and head, killing her instantly. He then killed her husband, Fred Barber, and the couple's son Bryan, who was asleep in his bedroom. Another son struggled with Williams and escaped after being shot in the hand.

A jury found Williams guilty of capital murder and attempted murder and recommended the death penalty.

Williams did not request a last meal. He ate from the vending machine in the visitation yard and had hot wings and a sandwich before he was put to death. Williams' last words were: "I hope that the family of the victims will forgive me for what I have done," Corbett said.

The corrections department changed its protocol to use pentobarbital instead of sodium thiopental in its lethal injection cocktail after Hospira Inc., the only U.S. supplier of sodium thiopental, announced earlier this year it would no longer manufacture the drug. As a result, several states have switched to pentobarbital, a sedative often used to euthanize animals.

WKRG

"Williams Executed," by Jessica Taloney. (AP Thu, May 19, 2011 - 10:31 am CST)

ATMORE, Alabama - 6:30 p.m. Jason Oric Williams becomes the first person in Alabama to be executed using pentobarbital.

5:52 p.m. Statement from the families of the four victims: "Our family has received its long coming justice today. Our wish now is to let everyone know that even after jasons death it will not replace our loved ones. Our hearts are forever broken, but maybe now we will be able to move forward with our lives. And we would like to thank everyone for their thoughts and prayers throughout this process. We love you all."

5:41 p.m. The U.S. Supreme Court denies the stay of Williams.

1:45 p.m. The 11th U.S. Circuit Court of Appeals denied Williams' appeal this morning. Williams' attorneys have now appealed to the U.S. Supreme Court.

12:55 p.m. Alabama Governor Robert Bentley will not intervene in tonight's execution of Jason Oric Williams, according to a spokesperson for the govenor.

10:00 a.m. A Mobile County man is scheduled to become the first death row inmate executed in Alabama since the state switched one of the drugs used in lethal injections.

Jason Oric Williams is to be executed at 6 p.m. today at Holman Prison in Atmore for a 1992 shooting spree where he killed four people and wounded three others in Irvington. Williams' attorneys have asked a federal appeals court to stop the execution because they claim there is no evidence that the drug pentobarbital would not cause pain during the execution.

Williams, 42, is to be the first person to die in Alabama's death chamber using the drug pentobarbital. Sodium thiopental was previous used in Alabama executions. The state switched drugs because of a nationwide shortage of sodium thiopental. A veterinarian at Small's Animal Clinic on Downtowner Boulevard in Mobile tells News Five that pentobarbital is the same drug used in euthanizing animals.

WKRG

"Williams Executed," by Steve Alexander. (Thu, May 19, 2011 - 11:03 pm CST)

MOBILE, Alabama - The state of Alabama put to death a man Thursday night who killed four people in Mobile County nearly 20 years ago. Jason Williams died by lethal injection at Holman Prison in Atmore. He went on a shooting spree in 1992.

Ten family members and friends of the victims witnessed the execution. Louie Barber, the brother of Freddie Barber, spoke on behalf of family members. When asked if he felt justice had been done, Barber said,"Yes, sir, I do. I feel, now, that my brother and his wife and his son can rest in peace."

Before his execution, Williams made a statement. Brian Corbett with the Alabama Department of Corrections said, "There was a little bit of debate about exactly what he said, but, I believe he said, 'I hope that the victims families will forgive me for what I have done.' "

Barber said his nephew, Brad Barber, who was shot and wounded by Williams, was one of the witnesses, and has been having a difficult time. Louie Barber said, "Jake shot him in the hand, and, it came out his arm, up here, and, his hand is messed up, but, he's having nightmares right now, and the family is trying to get him to go to the doctor, or see a psychiatrist."

Another witness described Williams' final moments after being administered a new type of lethal drug. Bob Johnson with the Associated Press said, "The chaplain kneeled down beside him, and, it looked like they were praying together. At least, the chaplain was praying, and he appeared to still be either mumbling or praying to himself, and, then, just moments into that, while the chaplain was still there, to me, it looked like he turned his head to the side, and his lips stopped moving."

And Louie Barber said, "We're going to try to put all this behind us and go on with our lives, and get it over with." Williams spent 19 years on death row.

Montgomery Advertiser

"Man who killed 4 executed." (1:52 AM, May. 20, 2011)

ATMORE -- An Alabama man was executed Thursday evening for the deaths of four people in a 1992 shooting spree. Corrections officials said 42-year-old Jason Oric Williams died at 6:19 p.m. CDT following a lethal injection administered at Holman Prison in Atmore.

Williams became the first person to die in Alabama's death chamber since the state switched to pentobarbital instead of sodium thiopental in its execution cocktail. The state switched drugs because of a nationwide shortage of sodium thiopental. Lying calmly on a gurney in the death chamber, Williams spoke quietly when asked by Warden Tony Patterson if he had any last words. "I hope that the families of the victims forgive me for what I've done," Williams said.

As the injection began, Williams' mother, Patricia Neal, sat in one of the witness rooms. She rocked back and forth nervously and sobbed quietly as she watched her son lose consciousness. Williams smiled once at his mother and then stared at the ceiling and seemed to be praying to himself. At one point Holman chaplain Chris Summers took Williams' hand and kneeled beside him. After that, Williams turned his head to the side, stopped praying and seemed to lose consciousness.

Williams was convicted in the Feb. 15, 1992, deaths of Gerald Paravicini and his neighbors, Freddie Barber and Barber's wife, Linda, and their grown son Bryant. Court records show Williams claimed he was high on marijuana, LSD, crack cocaine and alcohol at the time.

Ten relatives of the victims witnessed the execution. Freddie Barber's brother, 74-year-old Louie Barber, said afterwards that maybe now the families of the victims can find some peace, 19 years after the murders. "I didn't see any reason why Jason Williams did what he done. He killed a bunch of people. I feel now my brother, his wife and his son can rest in peace," Louie Barber said after watching Williams execution. Asked whether he could forgive Williams, after hearing his apology, Louie Barber said he wasn't sure. "It's possible," he said. "He sounded kind of sincere. He asked us to forgive him. He said he was sorry. We'll take it from there."

Williams' execution started shortly after the U.S. Supreme Court without comment rejected his request to stop the execution. The 11th U.S. Circuit Court of Appeals had turned down Williams' appeal earlier Thursday. Williams' attorney Bryan Stevenson said he sought to stop the execution because of Alabama's switching execution drugs.

Williams spent most of Thursday visiting with his mother, an aunt and other relatives in a visitation area at the prison. Prisons spokesman Brian Corbett said Williams did not request a last meal, but ate hot wings and sandwiches that relatives bought for him out of a vending machine.

Williams argued in his appeal to the 11th Circuit that there was no guarantee that the new execution drug would not cause him pain and suffering. In a response, Assistant Attorney General Clay Crenshaw said the two drugs are similar barbiturates and that the new drug would not have a significantly different effect. "Williams has not established that the use of pentobarbital will cause a substantial risk of significant pain," Crenshaw said.

During the lethal injection, Williams did not show any signs of pain as he lost consciousness. His reaction was similar to inmates who were given sodium thiopental in earlier executions. Court records show that after a night of drinking alcohol and taking drugs, Williams showed up at about 6 a.m. at the home of Paravicini in the Irvington community in south Mobile County, where he had been living for several weeks. After shooting Paravicini with Paravicini's .22 caliber automatic rifle and shooting and injuring another man, Williams attempted to steal a truck from a man passing by the house. The court record shows he then fled to the Barber's home, where he shot and killed Linda Barber when she opened the door. Court records show he then shot and killed Freddie Barber, who was sitting in the kitchen drinking his morning coffee. He then went to the bedroom where their son, Bryant, was sleeping and shot him twice in the head, killing him, according to the court documents. Another son, Brad Barber, was shot and injured during the attack. Brad Barber was expected to witness Williams' execution.

Williams stole a Ford Aerostar van, about $600 cash and some credit cards from the Barbers, according to court records. He was arrested the next day in Mississippi. He told police he threw the rifle into a river as he was leaving Alabama, but it was never located.

ProDeathPenalty.Com

Jason Oric Williams was adopted by his aunt and uncle at infancy. His aunt and uncle did not disclose to Williams that they were not his biological parents. Williams grew up in poverty, performed poorly academically, and felt he was snubbed by his family and peers. When Williams turned seventeen years old, he attempted to obtain identification documents so that he could work. During this process, Williams learned that he was adopted. This news devastated Williams, and he began experimenting with alcohol and drugs such as LSD, crack, marijuana, ecstacy, and prescription medications.

In 1990, Williams married Sandra Ellzey. Williams and Ellzey remained married for about ten months, divorcing in 1991. On a few occasions, Williams slapped Ellzey in the face, pulled her hair, and broke her glasses. Williams, however, continued to live with Ellzey after they were divorced. In January 1992, Ellzey discovered needles for drug use in her home, and learned that Williams had been taking her tranquilizers. Ellzey then asked Williams to leave.

When Ellzey forced Williams to move out, Gerald and Clair Paravicini, who had known Williams for about eight years, allowed Williams to move into their home with them and Clair’s minor son, Jeffery Carr. Williams resided in the Paravicini home for approximately two weeks. Shortly after moving in with the Paravicinis, Ellzey and Williams agreed to re-unite and move in together.

On February 14, 1992, they arranged a date. The couple went to a club and had a few drinks. Afterwards, they bought sandwiches at a deli. By 11:00 p.m., Ellzey was ready to return home. However, Williams was not, and he asked Ellzey to drop him off at another club. Ellzey advised Williams to call her when he was ready to leave the club so that she could give him a ride home. At the club, Williams purchased LSD, and prescription drugs, and he drank a large amount of liquor. Rather than call Ellzey to pick him up as they had agreed, Williams met with some friends, and they drove to a drug-house to smoke crack cocaine together all night.

Early the next morning, Williams’ friend dropped him off at a corner store. Williams then walked about a half-mile back to the Paravicinis’ trailer home. On February 15, at approximately 6:00 a.m., Williams arrived at the Paravicinis’ home, and he knocked, either on Jeffery’s window or on the side of the trailer that corresponded with Jeffery’s room. Jeffery let him in and asked him about his plans for the day. Williams told Jeffery that he had a “side job” to do. Jeffery thought that Williams seemed normal and did not appear to be drunk because he was neither tilting his head nor slurring his speech.

Williams then called Ellzey on a cordless telephone. Ellzey was upset with Williams because she had wanted him to return to her house and because they had planned for her to come and pick him up from the bar. Ellzey, who had observed Williams inebriated many times in the past, did not believe that Williams was intoxicated. According to Williams’ statement to law enforcement officials on February 16, 1992, the day after the murders, he had a few drinks with Ellzey and then drank liquor all night at the club. While at the club, he bought two round, yellow pills from someone named Teddy. He did not know whether the pills were ecstacy or LSD, but believed that they were LSD. On February 15, he believes that he took the pills between 3:00 and 5:00 a.m.

Jeffery watched Williams pacing while he talked to Ellzey. While still on the phone with Ellzey, Williams walked into the Paravicinis’ bedroom, where Clair was in bed, and retrieved a .22-caliber automatic rifle. While still on the phone with Ellzey, Williams shot Jeffery in the face and in the hand. When Gerald came to Jeffery’s aid, Williams shot Gerald in the base of the left neck and in the upper left chest area. Jeffery ran to a neighbor’s house to get help. Gerald also ran out of the home. Clair came out of the bedroom when she heard the second gunshot. She saw Jeffery running away and Gerald in the yard. Her husband told her to get help. Clair ran to George Evans’ house next door. She then ran back to her husband, who fell by the road. Evans followed Clair, holding a shotgun. He looked to his right and saw Williams standing in the doorway of the trailer, with no more than 100 feet of open ground between them, with the rifle in his hand. George Evans brought up his shotgun and aimed at Williams, warning Williams not to shoot. Williams ducked back into the trailer, and Evans ran back to his trailer.

Meanwhile, Ellzey remained on the telephone. She heard two cracking, popping noises. When Williams picked the phone back up again, she started to say his name. Williams dropped the phone without saying anything. Clair found that she could not get Gerald to stand. She went back into the trailer to find something to stop Gerald’s bleeding and for her car keys. There, she found Williams, who waved the rifle at her and told her to get back and leave him alone, or else he intended to kill her. Clair replied that Gerald was hurt. She asked Williams to please help her with him. Williams then struck her in the face with the rifle, breaking her jaw. He left with the rifle and her purse, which contained her credit cards, a checkbook, and over $500 cash.

Meanwhile, Buford Billedeaua was driving a truck past the Paravicinis’ trailer. He saw Jeffery and Gerald run out of the trailer. He then saw Williams follow them, holding a large black purse. When Williams took a shot at Gerald, Billedeaua stopped his truck. Williams then approached Billedeaua, telling him that he needed the truck because he had an emergency. Billedeaua noted that Williams looked as though he had been taking dope. Billedeaua got out of the truck with his keys and began to run into the woods. Williams then began shooting at Billedeaua, who avoided being shot.

Unable to flee in Billedeaua’s truck without the keys, Williams turned and walked 100 yards up the road to the home of Linda and Freddie Barber. Williams was barely acquainted with the Barbers, having only played basketball with their sons, Brad and Bryan, at their church on a couple of occasions. Williams attempted to enter the Barbers’ home. Linda Barber was getting ready for work at the US Postal Service and answered the front door. Williams inflicted gunshot wounds to her head. Williams then went into the kitchen where Freddie Barber was drinking coffee and also shot him in the head. Next, Williams shot their son, Bryan, who was asleep in his bed. It was later discovered that Bryan had multiple gunshot wounds, at least two of which were found in his head. Each victim was shot at close range.

Brad was asleep in the back bedroom. He awoke to the sound of gunshots and screaming. Brad got up and opened his door. Williams then proceeded down the hall to Brad’s room. Brad closed and locked his door, but Williams kicked it in. When Brad grabbed the barrel of the gun, Williams shot him in the left hand. The two struggled, but Brad managed to escape through the backdoor, and ran through the woods to his sister’s house. Williams took the Barbers’ keys and took their van.

On the afternoon of February 16, he reached the Mississippi-Louisiana border and called Ellzey, who advised him to surrender. When Williams was apprehended, he told the law enforcement officers that he had thrown the rifle off an unknown bridge into the water. He had also disposed of Freddie Barber’s wallet, after taking all the money it contained. Williams spent the money he stole from the Barbers and Clair Paravicini on crack cocaine after leaving the crime scene.

On April 12, 1992, Williams was indicted on two counts of capital murder. Williams was also charged with and convicted of attempted murder on the lives of Clair Paravicini and Brad Barber. During the trial on November 10, 1992, Williams testified that he did not remember all the events of February 14 and 15, 1992. Williams testified that he had a few beers with Ellzey, and then drank a “pretty good bit” of beer after she dropped him off at another club. At the club, he purchased three hits of LSD for seven dollars ($7) each from someone he did not know and remembered taking two of them. Williams testified that he did not remember killing anyone. He only recalls that he went into the bathroom, and that he began to feel very scared. He said that he saw the walls move, and he saw a larger-than-life apparition walking towards him that made him fear for his life. Regarding the day of the killings, Williams further testified that he began flipping out even before he called Ellzey, and that he tried to disguise his drug use from her to keep her from getting angry with him. He testified that he did not remember anything that occurred between the time that he dialed her number and when he found himself driving a van in Mississippi a day later.

However, Williams did not mention seeing the apparition to the Mississippi or Alabama law enforcement officers with whom he spoke on February 16. Williams did tell the officers that he did not remember killing anyone the night before. Williams said that he remembered seeing blood on his pants and throwing the rifle in the water near the bridge. Dr. Claude L. Brown, a psychiatrist, met with Williams in August 1992. At trial, Dr. Brown testified for the defense. His testimony was based on his meetings with Williams. He diagnosed Williams with borderline personality disorder (“BPD”), which he testified is a mental disorder characterized by inner emptiness, dissatisfaction, and impulsive actions undertaken in an effort to feel better, such as suicide attempts. Persons with BPD have limited, but intense, fluctuating relationships. He testified that individuals with BPD can be thrown into psychotic behavior by increases in anxiety from any source. Dr. Brown testified that Williams’ BPD dated to his childhood and was unrelated to his use of drugs before the murders. Dr. Brown also testified that LSD is, per weight, the most psychogenic drug in the world. He testified that LSD causes frightening distortions and detachment from reality—i.e., psychosis. Furthermore, using alcohol and cocaine with LSD exaggerates these responses. Dr. Brown opined that Williams was psychotic at the time of the killings. He further opined that Williams was suffering from a mental disease or defect that rendered him unable to appreciate the nature and quality or wrongfulness of his acts. He opined that this destructive psychosis resulted from a combination of his preexisting personality structure acted upon by the heavy overload of drugs that he had been taking all night. Lastly, he opined that Williams’ BPD in and of itself probably did not trigger his conduct and that, had Williams been sober, the murders probably would not have occurred.

Dr. Harry McClaren, a psychologist, testified for the State. He also diagnosed Williams with BPD, as well as with anti-social personality disorder and substance abuse. Dr. McClaren testified that, given Williams’ account of his drug and alcohol ingestion, he was very intoxicated at the time of the killings. He testified that psychosis resulting from LSD can last from eight to twelve hours and that Williams’ amnesia was probably chemically induced. He also testified that when some individuals are highly intoxicated from hallucinogenic drugs, they may display some symptoms of psychosis.

Dr. McClaren testified to meeting Williams in August and September 1992. During those sessions, Williams recounted the events of the night before the killings. Dr. McClaren testified that Williams told him that he had a few drinks with Ellzey. After she dropped him off at the club, he bought three hits of LSD. He also ingested a long, purple tablet, and drank whiskey over the course of the evening. He also told Dr. McClaren that he went to a house on Dixon’s Corner where, in two trips, he bought crack. He remembered arguing with Ellzey on the phone and that he then began to flip out and feel frightened. He claimed that he heard someone holler his name and felt like everyone was against him. He told Dr. McClaren that he thought the only way out was to shoot his way out.

Williams claimed again that he had no other memories before he found himself driving the van in Mississippi. Dr. McClaren testified that when someone has taken LSD, he or she may see distortions of things that are there. In contrast to Dr. Brown, Dr. McClaren opined that, because Williams deliberately shot each victim twice in or near the head, Williams was able to appreciate the wrongfulness of his acts. Dr. McClaren further opined that, because Williams had no significant psychiatric history other than attempted suicide, he knew the wrongfulness of his acts. Dr. McClaren testified that since the drugs and alcohol exacerbated Williams’ BPD, without the intoxication, Williams probably would not have killed Gerald Paravicini or Linda, Freddie, and Bryan Barber.

At trial, other witnesses testified that they thought Williams had taken drugs. Gregory Rockwell testified that he worked the door at the club. He saw Williams arrive at around 11:30 p.m. and leave around 1:00 a.m. Williams returned within an hour appearing disheveled, sweating profusely, jumping, and dancing around. Rockwell thought that Williams appeared as though he were tripping on LSD. Kelso Stewart testified that Williams asked him if he knew where some LSD or crack cocaine could be located. Stewart left the bar between 3:00 a.m. and 4:00 a.m., and when he returned, he found Williams disheveled, sweaty, and hyper.

On November 11, 1992, the jury returned a guilty verdict on one count of intentional murder during the course of a robbery for the deaths of Freddie Barber and Linda Barber. The jury also returned a guilty verdict for the capital offense of intentional murder for the deaths of Gerald Paravicini, Freddie Barber, Linda Barber, and Bryan Barber. The jury recommended, by a 10–2 vote, that a death sentence be imposed for the murder convictions.

On December 1, 1992, the State trial court sentenced Williams to a punishment of death.

UPDATE: Prior to his execution, Jason Williams said, "I hope that the families of the victims forgive me for what I've done." Ten family members of the four victims witnessed the execution. One of the witnesses was a survivor of the shooting rampage. The older brother of victim Freddie Barber said that his family has suffered for the past two decades sine the murders. He said Brad Barber, who was 16 years old at the time, still has nightmares about the massacre. "I never did think I'd live to see this day, but I did and I thank the good Lord for it," said Louie Barber, now 75. "We're going to try to put it behind us and go on with our lives. You don't never really want to see somebody die, but I think justice was served."

Wikipedia

The following individuals have been executed by the State of Alabama at the Holman Correctional Facility near Atmore since 1983:

Inmate Date Method Victim

1 John Louis Evans 22 April 1983 electrocution Edward Nassar.
2 Arthur Lee Jones 21 March 1986 electrocution William Hosea Waymon.
3 Wayne Ritter 28 August 1987 electrocution Edward Nassar.
4 Michael Lindsey 26 May 1989 electrocution Rosemary Zimlich Rutland.
5 Horace Dunkins 14 July 1989 electrocution Lynn McCurry.
6 Herbert Richardson 18 August 1989 electrocution Rena Mae Callins.
7 Arthur Julius 17 November 1989 electrocution Susie Bell Sanders.
8 Wallace Thomas 13 July 1990 electrocution Quenette Shehane.
9 Larry Heath 30 March 1992 electrocution Rebecca Heam.
10 Cornelius Singleton 20 November 1992 electrocution Ann Hogan.
11 Willie Clisby 28 April 1995 electrocution Fletcher Handley.
12 Varnell Weeks 12 May 1995 electrocution Mark Batts.
13 Edward Horsley, Jr. 16 February 1996 electrocution Naomi Rolon.
14 Billy Wayne Waldrop 10 January 1997 electrocution Thurman Donahoo.
15 Walter Hill 2 May 1997 electrocution Willie Mae Hammock, John Tatum, and Lois Tatum.
16 Henry Hays 6 June 1997 electrocution Michael Donald.
17 Stephen Allen Thompson 8 May 1998 electrocution Robin Balarzs.
18 Brian K. Baldwin 18 June 1999 electrocution Naomi Rolon.
19 Victor Kennedy 6 August 1999 electrocution Annie Laura Orr.
20 David Ray Duren 7 January 2000 electrocution Kathleen Bedsole.
21 Freddie Lee Wright 3 March 2000 electrocution Warren Green and Lois Green.
22 Robert Lee Tarver, Jr. 14 April 2000 electrocution Hugh Sims Kite.
23 Pernell Ford 2 June 2002 electrocution Willie C. Griffith and Linda Gail Griffith.
24 Lynda Lyon Block 10 May 2002 electrocution Opelika Officer Roger Lamar Motley.
25 Anthony Keith Johnson 12 December 2002 lethal injection Kenneth Cantrell.
26 Michael Eugene Thompson 13 March 2003 lethal injection Maisie Carlene Gray.
27 Gary Leon Brown 24 April 2003 lethal injection Jack David McGraw.
28 Tommy Jerry Fortenberry 7 August 2003 lethal injection Ronald Michael Guest, Wilbut T. Nelson, Robert William Payne, and Nancy Payne.
29 James Barney Hubbard August 5, 2004 lethal injection Lillian Montgomery.
30 David Kevin Hocker 30 September 2004 lethal injection Jerry Wayne Robinson.
31 Mario Giovanni Centobie 28 April 2005 lethal injection Moody police officer Keith Turner.
32 Jerry Paul Henderson 2 June 2005 lethal injection Jerry Haney in Talladega and for accepting $3,000 from Haney's wife for the killing.
33 George Everett Sibley, Jr. (common-law husband of Lynda Lyon Block) 4 August 2005 lethal injection Opelika Officer Roger Lamar Motley.
34 John W. Peoples, Jr. September 22, 2005 lethal injection Paul Franklin, Judy Franklin, and Paul Franklin, Jr.
35 Larry Eugene Hutcherson October 26, 2006 lethal injection Irma Thelma Gray
36 Aaron Lee Jones May 3, 2007 lethal injection Carl Nelson and Willene Nelson
37 Darrell Grayson July 26, 2007 lethal injection Annie Laura Orr
38 Luther Jerome Williams August 23, 2007 lethal injection John Kirk
39 James Harvey Callahan January 15, 2009 lethal injection Rebecca Suzanne Howell
40 Danny Joe Bradley February 12, 2009 lethal injection Rhonda Hardin
41 Jimmy Lee Dill April 16, 2009 lethal injection Leon Shaw
42 Willie McNair May 14, 2009 lethal injection Ella Foy Riley
43 Jack Trawick June 11, 2009 lethal injection Stephanie Gach
44 Max Landon Payne October 8, 2009 lethal injectionBraxton Brown
45 Thomas Warren Whisenhant May 27, 2010 lethal injection Cheryl Lynn Payton
46 John Forrest Parker June 10, 2010 Elizabeth Dorlene Sennett
47 Michael Jeffrey Land 41 M August 12, 2010 Candace Brown
48 Holly Wood September 9, 2010 Ruby Lois Gosha
49 Phillip D. Hallford November 4, 2010 Charles Eddie Shannon
50 Leroy White January 13, 2011 Ruby White
51 William Glenn Boyd March 31, 2011 Fred and Evelyn Blackmon
52 Jason Oric Williams May 19, 2011 Lethal Injection Ala.,1997

Ex parte Williams, 710 So.2d 1350 (Ala. 1997). (Direct Appeal)

Defendant was convicted upon jury verdict in the Mobile Circuit Court, Nos. CC-92-1552 to CC-92-1555, Robert G. Kendall, J., of capital murders and two counts of attempted murder, and was sentenced to death. Defendant appealed. The Court of Criminal Appeals, Patterson, J., 710 So.2d 1276, affirmed. Defendant filed petition for writ of certiorari. The Supreme Court, Butts, J., held that district attorney did not abuse grand jury process, or commit plain error, by calling lead defense witness before grand jury considering indictments on separate attempted murder charges, after defendant had been indicted by prior grand jury on capital murder charges. Affirmed.

BUTTS, Justice.

Jason Oric Williams was convicted of the capital murders of Gerald Paravicini, Freddie Barber, Linda Barber, and Bryan Barber, and the trial judge sentenced him to death, following the jury's recommendation of that sentence. We affirm both the convictions and his death sentence.

Although at trial Williams did not admit to the killings, he did not dispute the State's evidence that he killed Paravicini and the Barbers by shooting them with a .22 caliber rifle. Williams presented the defense of not guilty by reason of mental disease or defect; he alleged that his claimed mental defect was the consequence of his ingesting illegal drugs in the hours before the killings, coupled with a preexisting mental disorder. More specifically, Williams says his alleged mental defect is the product of a “borderline personality disorder” FN1 and the ingestion of marijuana, LSD, crack cocaine, and an unidentified prescription drug, combined with alcohol, during the night and early morning hours before the killings. Williams's expert witness, psychiatrist Dr. Claude Brown, testified that, in his opinion, at the time of the killings Williams was suffering from a mental disease or defect and was not able to appreciate the wrongfulness of his acts. The State's rebuttal expert witness, psychologist Dr. Harry McClaren, testified that in his opinion Williams, at the time of the killings, had the ability to appreciate the consequences of his acts and was not suffering from a mental disease or defect. Thus, the major issue presented to the jury at trial was whether to accept Williams's defense of not guilty by reason of a mental disease or defect.

FN1. Williams says that his parents abandoned him when he was a young child; that he was placed in the care of an aunt and the aunt's husband and that while he was in their care the aunt's husband beat him; and that he was placed in a children's home in Mississippi and while there suffered physical and sexual abuse. He says that these problems caused the personality disorder he now claims to suffer from.

The Court of Criminal Appeals gave a lengthy and complete discussion of the facts of this case. See Williams v. State, 710 So.2d 1276 (Ala.Crim.App.1996). Thus, a more limited rendition of the facts is presented here. Williams, age 23, was divorced from Sandra Ellzey and had been living in the home of his friends Gerald and Clair Paravicini for the two weeks prior to February 15, 1992, the day of the killings. Williams and Ellzey had agreed to discuss possibly reuniting and had planned a date for Valentine's Day, February 14, 1992. Williams smoked marijuana before he met Ellzey for the evening. After meeting, they drove to a lounge, where he drank two or three beers. When Ellzey was ready to go home, Williams told her that he wanted to stay out longer and he asked her to drop him off at the Top Gun nightclub. He was to telephone her later when he wanted her to pick him up. At the club, Williams took two or more “hits” of LSD, smoked crack cocaine, ingested two pills of an unidentified drug, and drank a large amount of liquor. He never telephoned to ask Ellzey to pick him up.

At about 6:00 a.m. the next day, February 15, 1992, Williams arrived at the Paravicini home and was let in by Jeffery Carr, the minor son of Clair Paravicini. Williams telephoned Ellzey from the Paravicini home, and they argued about the fact that he had failed to call her the night before and that he had stayed out all night. During that conversation, Williams says, he began to have hallucinations, seeing a frightening figure in the room with him and Gerald Paravicini; however, Williams did not tell Ellzey he was seeing a frightening figure. Williams located a .22 caliber rifle in the home and shot Jeffery Carr in the face and in the arm. Jeffery ran to the neighboring home for help. Williams next shot Gerald Paravicini in the chest. Gerald also ran outside, where he died shortly thereafter. During this time Williams still was on the telephone with Ellzey, and Ellzey heard some of a conversation Williams had with Clair Paravicini.

Clair Paravicini was still in bed when she heard shouting and the shots. When she reached the living room, she found the front door open. She saw her son Jeffery running toward the neighbor's home, saw Williams standing outside with the rifle and a cordless telephone, and saw her husband Gerald standing nearby. Gerald told her to call for help, and she also ran for the neighbor's home. After reaching the neighbors and asking for help, Clair returned to try to help her husband. She went back inside the home to look for a towel to use to stop her husband's bleeding, and she found Williams inside. Williams asked her to give him the keys to the Paravicinis' truck so that he could drive Gerald to a hospital.FN2 Clair, unable to locate the keys, asked Williams for her purse, which he had taken. Williams struck her in the face with the rifle and then left the house. Although the conversation between Ellzey and Williams had ended, during this time Ellzey heard some of the comments of Williams and Clair Paravicini, and she heard various noises in the background as she continued to stay on the line.

FN2. This discussion of the facts is based on Clair Paravicini's trial testimony and is somewhat different from Sandra Ellzey's grand jury testimony regarding what she heard over the telephone.

Williams ran out to the street and flagged down the driver of a pickup truck; Williams told the driver, Buford Billedeaua, that he had an emergency and that he needed his truck. Billedeaua, thinking Williams looked as if he was on drugs, turned off the truck engine, removed the keys, and then ran to the nearby woods. Williams shot twice at Billedeaua as he ran to the woods, but the shots missed.

Williams then ran down the street, past several houses, to the house occupied by the Barbers. Williams shot Linda Barber in the head as she answered the door. Williams then shot Linda's husband Fred Barber in the head as he sat at a kitchen table where he had been drinking coffee. Williams shot Fred and Linda's son Bryan in the head as he lay sleeping in bed. Williams broke into the room of another son, Brad; he shot Brad in the hand as he and Brad struggled for control of the rifle. Brad escaped. Williams then located the keys to the Barbers' van and drove away in it.

The day after the killings, Williams telephoned Ellzey from a truck stop in Mississippi. Ellzey testified that Williams was crying during the conversation, and she said he told her that he did not know what had happened, that he had a van and he did not know who it belonged to, and that he had blood on his clothing. She testified that she then told him about the people who had been killed and that he then became more upset. Williams surrendered to Mississippi State Police that day. After being advised of his Miranda rights, he gave a statement.

Williams was indicted on two counts of capital murder: (1) murder during a robbery, made capital by Ala.Code 1975, § 13A-5-40(a)(2), and (2) murder of two or more persons in the same course of conduct, made capital by § 13A-5-40(a)(10). He was also indicted on two counts of attempted murder, the attempted murders of Jeffery Carr and Brad Barber. Williams pleaded not guilty and not guilty by reason of a mental disease or mental defect. The jury returned a guilty verdict on all counts and, by a vote of 10-2, recommended a sentence of death for the capital murder convictions. The trial judge imposed the recommended death sentence for the capital murder convictions and also sentenced Williams to 20 years' imprisonment for the attempted murder convictions.

Williams appealed his capital murder convictions and death sentence to the Court of Criminal Appeals, raising more than 50 issues. The Court of Criminal Appeals affirmed his convictions and sentence in a lengthy opinion, 710 So.2d 1276. Because of Williams's death sentence, we automatically granted his petition for a writ of certiorari to review his convictions and sentence. Rule 39(c), Ala.R.App.P.

Williams has raised 51 issues for our review; all were raised on appeal to the Court of Criminal Appeals and were discussed in that court's lengthy opinion. We have thoroughly reviewed all those issues. We have also carefully reviewed the record for “plain error,” in accordance with Rule 39(k), Ala.R.App.P., and we have found none. We discuss here only the single issue that Williams's counsel addressed on oral argument before this Court. As to the other issues raised by Williams, we find no error in the opinion of the Court of Criminal Appeals.

I. Alleged Abuse of the Grand Jury Process
A.

Williams contends that the Mobile County district attorney engaged in prosecutorial misconduct that violated his right to due process and a fair trial under the United States and Alabama Constitutions, and he argues that that alleged misconduct requires reversal of his convictions and sentence. The district attorney subpoenaed Ellzey, who was Williams's ex-wife and who at trial was the lead defense witness, to testify before the May 1992 grand jury. Ellzey had not been called to testify before the April 1992 grand jury that had indicted Williams on the two counts of capital murder and two counts of attempted murder-the attempted murders of Jeffery Carr and Brad Barber. The April grand jury had “no-billed” the charges against Williams for the attempted murders of Clair Paravicini and Buford Billedeaua. The district attorney brought those two no-billed attempt charges before the May grand jury; the district attorney called Ellzey to testify before the grand jury and cross-examined her. Later, the district attorney asked the May grand jury to no-bill those charges.

Williams argues that the district attorney did not call Ellzey to testify before the May grand jury to gain information regarding the attempted murders of Clair Paravicini and Billedeaua, because, Williams says, Ellzey had no knowledge of those crimes. Williams further claims that the district attorney's request for a no-billing of those attempted murder charges during the May grand jury, which charges had been already no-billed by the April grand jury, indicates that the charges were simply a pretext the district attorney used for calling Ellzey before the May grand jury in order to get sworn testimony from her. Williams refers this Court to the following statement made by the district attorney during the trial court's hearing on Williams's motion for a new trial:

“It is my position-I guess somebody in Montgomery will tell me sooner or later whether I am right or wrong-that a case is under investigation until literally the moment it goes to trial. And, you know, I don't quibble with his dates. I don't deny that [Ellzey] was called in after [Williams] was indicted, but I felt it necessary to get a statement from her under oath.”

In sum, Williams argues that the district attorney abused the grand jury process by using it as a post-indictment tool to continue investigating the capital murder case against him. Williams says that the district attorney used the grand jury process to obtain improper discovery regarding the theory of his defense and to obtain impeachment material for use at trial, and Williams argues that this use of the grand jury process violated well-established safeguards concerning the function of a grand jury. He notes that his trial counsel were not given a transcript of Ellzey's grand jury testimony until trial, and he claims that the district attorney caught his counsel by surprise and used Ellzey's grand jury testimony in a prejudicial manner. He asks this Court to grant him a new trial in which the State is not allowed to use Ellzey's grand jury testimony, which he calls the “fruits of the [alleged] grand jury abuse.”

B.

In response, the State first notes that Williams did not raise the issue of alleged prosecutorial abuse of the grand jury process until after his conviction, when he filed a motion for a new trial. Citing United States v. Thompson, 944 F.2d 1331 (7th Cir.1991), cert. denied, 502 U.S. 1097, 112 S.Ct. 1177, 117 L.Ed.2d 422 (1992), and In re Grand Jury Subpoena Duces Tecum Dated January 2, 1985, 767 F.2d 26 (2d Cir.1985), the State contends that the proper way to challenge an alleged abuse of the grand jury process is by filing a motion to quash the subpoena or by filing a motion before trial to dismiss the indictment. Thus, the State says that this issue was not properly preserved by Williams for appeal and, thus, is reviewable by this Court only under the “plain error” standard.

The State argues that the district attorney's purpose for calling Ellzey to testify before the May grand jury was to further an ongoing investigation against Williams for the attempted murders of Clair Paravicini and Billedeaua. The State admits that at the hearing on Williams's motion for a new trial the district attorney at first stated that he had subpoenaed Ellzey before the May grand jury in order to get her sworn testimony (as quoted above); however, the State notes that later during the same hearing the district attorney offered further explanation as to why he called Ellzey to testify before the May grand jury:

“When Ms. Ellzey testified in May of 1992 it wasn't an after-the-fact effort to garner more information as it related to the homicides. She testified in a pending case relating to two attempted murder charges that were then and there before the grand jury, and the docket sheet which is on its way to the court right now will so reflect.”

The State notes that the district attorney had called Jeffery Carr, Clair Paravicini, Brad Barber, and Buford Billedeaua before the April grand jury to testify regarding the capital murder charges against Williams and regarding the charges relating to the attempted murders of Jeffery Carr and Brad Barber. The grand jury returned indictments on those charges. The State argues that the district attorney then decided to investigate the attempted murders of Clair Paravicini and Billedeaua and that Ellzey was called before the May grand jury because she was the only witness who could shed further light on those attempted murders who had not yet testified before a grand jury, The State says that the district attorney knew from the statement Ellzey gave to the police on the day of the killings that Ellzey had been on the telephone with Williams and had heard Williams talk to Clair Paravicini. Thus, the State contends that the reason Ellzey was subpoenaed to appear before the May grand jury was to question her regarding what she heard over the telephone in relation to the attempted murder of Clair Paravicini.

Finally, the State says that it had no reason to call her to testify in order to gain ex parte discovery or to gain impeachment information, because, on the morning of the killings, Ellzey had given the police a thorough statement that the State says is identical to her grand jury testimony. The State further contends that Williams's defense counsel knew that Ellzey had given a statement to police, because defense counsel were given a copy of the statement. Thus, the State argues that Williams could not have been surprised by the State's use of any of Ellzey's grand jury testimony, since the information was already available to the defense through her identical police statement.

In sum, the State contends that there was no error in the district attorney's subpoenaing Ellzey to the May grand jury and, thus, no “plain error.”

C.

Rule 12.3, Ala.R.Cr.P., sets out the powers and duties of an Alabama grand jury, including the power and duty to inquire into indictable offenses. However, the power of a grand jury has its limits, as noted by the Committee Comments to Rule 12.3, which quote with approval the following statement from Fields v. State, 121 Ala. 16, 17, 25 So. 726, 727 (1899): “The functions and powers of the grand jury as to the indictment so returned are ended when the presentment is made and the indictment or true bill is received by the court.” (Emphasis added.) Thus, although a district attorney may continue to investigate a crime until the very time of the trial, once an indictment has been returned by a grand jury the function of that grand jury is complete as to that crime and the grand jury cannot be used as a means for further investigation. Stated otherwise, “[i]t is improper to utilize a Grand Jury for the sole or dominating purpose of preparing an already pending indictment for trial.” United States v. Dardi, 330 F.2d 316, 336 (2d Cir.), cert. denied, 379 U.S. 845, 85 S.Ct. 50, 13 L.Ed.2d 50 (1964).

Williams argues that the district attorney subpoenaed Ellzey-his ex-wife, who was later the lead defense witness-to testify before the May grand jury for the sole or dominating purpose of preparing for the prosecution of the capital murder indictments that had been returned by the grand jury a month previously. However, the State is correct in its argument that because Williams failed to make a timely objection during trial to the district attorney's use of Ellzey's grand jury testimony we can review this issue only under the “plain error” standard. Rule 39(k), Ala.R.App.P. Plain error is error that “has or probably has adversely affected the substantial rights of the petitioner.” Id. “In other words, the plain-error exception to the contemporaneous-objection rule is to be ‘used sparingly, solely in those circumstances in which a miscarriage of justice would otherwise result.’ ” United States v. Young, 470 U.S. 1, 15, 105 S.Ct. 1038, 1042, 84 L.Ed.2d 1 (1985), quoting United States v. Frady, 456 U.S. 152, 163, n. 14, 102 S.Ct. 1584, 1592, n. 14, 71 L.Ed.2d 816 (1982). Thus, we must determine whether the district attorney subpoenaed Ellzey before the May grand jury for the sole or dominating purpose of preparing the pending capital murder indictments for trial and, if so, whether such action constitutes “plain error.”

In regard to this claim of error by Williams, the Court of Criminal Appeals held: “Considering that the investigation of charges pertaining to Clair Paravicini and Buford Billedeaua was properly pending before the May grand jury, considering the statement given the investigators by Ellzey shortly after the crimes were committed and that that statement contained substantially the same information that Ellzey gave the grand jury, and considering the statement of the prosecutor that he called Ellzey before the grand jury partly to further explore the possibilities of indicting the appellant for the attempted murder of Clair Paravicini and Buford Billedeaua, we cannot conclude, as the appellant urges us to do, that the sole or dominating purpose of the prosecutor was to prepare the already pending indictments for trial. We find no abuse of the grand jury process from this record.” Williams v. State, 710 So.2d at 1295.

After thoroughly studying Ellzey's grand jury testimony, in the context of the facts of this case, we conclude that the Court of Criminal Appeals correctly held that the district attorney did not call Ellzey before the May grand jury for the sole or dominant purpose of obtaining discovery and impeachment evidence for use during Williams's capital murder trial. When Ellzey testified before the grand jury, charges were still pending against Williams for the attempted murders of Clair Paravicini and Buford Billedeaua. A large portion of Ellzey's grand jury testimony specifically relates to the facts surrounding Williams's alleged attempted murder of Clair Paravicini. Ellzey was on the telephone with Williams when he shot Jeffery Carr and Gerald Paravicini and threatened Clair Paravicini and struck her in the face with the rifle, knocking her down.

For example, the following appears in Ellzey's grand jury testimony: “[Q]: All right. At about 6 o'clock in the morning he called you. Tell us, please, ma'am, the details of that conversation. What he said to you, what you said to him? “[A]: All right. ... And pretty soon, I hear-they live in a trailer and the doors are so small and they're cheaply built-what sounded like to me on the phone, it sounded like, kinda like two people, fat people, who are trying to get out of the door and they kind of like bumped and hit the wall it was a sound kind of like that. It wasn't anything big, no crashing, or anything like that. It just kind of was like a bump, like somebody had fell up against the wall. And I heard Clair say something to Jay [Jason Williams], asking him for help. And he asked her where her purse was so he could get her keys and take her to the hospital. To me, it sounded like she was asking him for help and he was trying to give her help. But I-I had talked to him-this happened at about 6:20, was when he dropped the phone. Somebody picked the phone back up and it seemed to be-I don't know if it was a wall phone or a cordless phone, but I could hear the phone hitting something like that (indicating), like it was swinging on a cord or something, somebody picked it up and I was going, ‘Jay, Jay,’ and the phone dropped again and then I didn't hear anything else. “[Q]: Okay. Now, you heard what sounded like a bump, which in reality was a shot. “[A]: It didn't sound anything like a shot. “[Q]: Okay. Did you hear a second shot or a second loud noise of any kind? “[A]: It-It-It wasn't loud. It was like- “[Q]: Okay. “[A]: It was like a rolling like type. Just as if I stood up against this wall and, you know, fell back against it, it was a sound like that. I did hear that sound twice. “.... “[Q]: All right. Did you hear Gerald Paravicini? “[A]: Never heard. I never heard nobody's voice but Jay [Jason Williams] and Clair's. “.... “[Q]: Well, when you heard Clair holler, what did you hear her yell? “[A]: She was asking ‘Jay.’ She said ‘Help me, Jay.’ And he said, ‘Where's your purse?’ He asked her where her purse was, that he wanted to get her keys. And then he came back to the phone, and we had said a few more things, and then I said, ‘What's going on?’ and then about that time, I heard her ask him again, ask her something-her ask him something-but I really couldn't hear what she was saying the second time she said something to him. I couldn't understand what she was saying. “.... “[Q]: Did you hear Mrs. Paravicini start to cry? “[A]: No. “.... “[Q]: In terms of the sequence of events, he had actually shot Mr. Paravicini and struck Mrs. Paravicini, but yet he continued to talk with you on the phone? “[A]: If that's what they say happened, I guess that's what happened. I wasn't there, I was just on the phone- “.... “[Q]: Okay, whether she was screaming or not, did she sound upset to you? “[A]: Yes. “[Q]: Did you hear her cry? “[A]: I could tell she was real upset, but I couldn't actually, you know, I really, it happened so fast, you know.”

The transcript of Ellzey's testimony indicates to us, as it did to the Court of Criminal Appeals, that the district attorney called Ellzey before the May grand jury to further investigate the charge against Williams for the attempted murder of Clair Paravicini. That charge against Williams was no-billed by the April grand jury, and after Ellzey's testimony it was no-billed by the May grand jury at the request of the district attorney. The district attorney has stated that he made that request because he believed the case against Williams for the charge of the attempted murder of Clair Paravicini was weak and that he did not wish to weaken his overall case against Williams by bringing a weak charge to trial. Although Williams suggests that the district attorney's request of the May grand jury to no-bill the Clair Paravicini attempted murder charge indicates that the district attorney's statement that he called Ellzey before the grand jury to further investigate that crime is simply a pretext, we cannot make that same assumption.

It is clear to this Court that the district attorney had no need to subpoena Ellzey before a grand jury in order to obtain discovery regarding Williams or impeachment material against Ellzey; the district attorney already had available for those purposes the lengthy statement Ellzey gave to the police on the day of the killings. Having thoroughly studied and compared the transcript of Ellzey's grand jury testimony with the statement she gave to the police, we conclude that there is no significant difference between them; the two statements are nearly identical, and the grand jury testimony contained no additional information that could have benefited the district attorney's case. Both contain references to Williams's family history, his drug use, his suicide attempt in 1990, the events of the evening before the killings, what Ellzey heard over the telephone during her conversation with Williams on the morning of the killings, and what she believed his mental state to be at that time. The district attorney could have used the statement Ellzey gave to the police to gain information regarding Williams's personal history or to impeach Ellzey at trial as easily as he could have used her grand jury testimony. In fact, the district attorney did use a particular quote found only in Ellzey's police statement to impeach her at trial (see section IV of the Court of Criminal Appeals' opinion, 710 So.2d at 1297-98).

Finally, we find no merit to Williams's contention that his trial counsel did not know that Ellzey had been subpoenaed before the May grand jury and that they were surprised by the district attorney's use of her sworn testimony at trial. Ellzey is the defendant's ex-wife and was the primary defense witness, and the record indicates that Williams knew before trial that she had appeared before the grand jury. Further, a copy of Ellzey's police statement had been provided to Williams's defense counsel before trial. Thus, as explained above, Williams's counsel could not have been surprised by the content of her grand jury testimony.

We find no merit to Williams's argument that the sole or dominant purpose for the district attorney's calling Ellzey before the May grand jury was to prepare the pending capital murder indictments for trial.FN3 Moreover, even if we were to hold that the actions of the district attorney were improper-and we do not so hold-the prosecutor's calling Ellzey before the grand jury did not adversely effect any of Williams's substantial rights. We find no plain error.

FN3. However, like the Court of Criminal Appeals, we caution district attorneys to be certain that the purpose for the post-indictment use of a grand jury, and the facts and circumstances supporting that use, clearly appear on the record.

II. Conclusion

As noted previously, this Court has reviewed the record and the briefs, has considered the oral arguments before this Court, and has examined the determinations of the Court of Criminal Appeals in relation to all of the issues raised by Williams. This Court has also thoroughly examined the record for plain error, but has found none. We have reviewed the trial court's imposition of the death sentence against Williams, in accordance with Ala.Code 1975, § 13A-5-53, and we find no impropriety. Thus, we conclude that the Court of Criminal Appeals committed no error in affirming Williams's convictions and sentence, and we affirm the judgment of the Court of Criminal Appeals.

HOOPER, C.J., and MADDOX, ALMON, HOUSTON, KENNEDY, COOK, and SEE, JJ., concur.

Williams v. Allen, 598 F.3d 778 (11th Cir. 2010). (Habeas)

Background: Following affirmance on direct appeal of petitioner's convictions for capital murder and attempted murder, and his death sentence, 710 So.2d 1276, and 710 So.2d 1350, he filed petition for writ of habeas corpus. The United States District Court for the Southern District of Alabama, No. 04-00681-CV-WS-C, William H. Steele, J., 2007 WL 1098516, denied petition. Petitioner appealed.

Holdings: The Court of Appeals, Wilson, Circuit Judge, held that: (1) defense counsel's decision to present the affirmative defense of insanity, exclusive of voluntary intoxication, did not constitute ineffective assistance; (2) defense counsel's alleged failure to further investigate voluntary intoxication defense or present expert psychopharmacologist did not deprive petitioner of effective assistance; (3) state habeas court adjudicated petitioner's claim on the merits that the jury instructions unconstitutionally shifted the burden of proof, and thus federal habeas court was required to apply deference to claim, rather than de novo review; and (4) jury instructions did not improperly shift burden of proof.

WILSON, Circuit Judge:

Jason Oric Williams, an Alabama death row inmate, appeals from the district court's denial of his petition for a writ of habeas corpus ("petition"), filed pursuant to 28 U.S.C. § 2254. The district court granted a certificate of appealability ("COA") on the sole issue of whether Williams' counsel rendered ineffective assistance by: (1) presenting an invalid defense under Alabama law; (2) failing to sufficiently argue a voluntary intoxication defense to negate intent to murder; and (3) failing to object to jury instructions. After review of the record and with the benefit of oral argument, we affirm the district court's denial of Williams' petition.

I. BACKGROUND

A. The Crimes

Williams was adopted by his aunt and uncle at infancy. His aunt and uncle did not disclose to Williams that they were not his biological parents. Williams grew up in poverty, performed poorly academically, and felt he was snubbed by his family and peers. When Williams turned seventeen years old, he attempted to obtain identification documents so that he could work. During this process, Williams learned that he was adopted. This news devastated Williams, and he began experimenting with alcohol and drugs such as LSD, crack, marijuana, ecstacy, and prescription medications.

In 1990, Williams married Sandra Ellzey. Williams and Ellzey remained married for about ten months, divorcing in 1991. On a few occasions, Williams slapped Ellzey in the face, pulled her hair, and broke her glasses. Williams, however, continued to live with Ellzey after they were divorced. In January 1992, Ellzey discovered needles for drug use in her home, and learned that Williams had been taking her tranquilizers. Ellzey then asked Williams to leave.

When Ellzey forced Williams to move out, Gerald and Clara ("Clair") Paravicini, who had known Williams for about eight years, allowed Williams to move into their home with them and Clair's minor son, Jeffery Carr. Williams resided in the Paravicini home for approximately two weeks.

Shortly after moving in with the Paravicinis, Ellzey and Williams agreed to re-unite and move in together. On February 14, 1992, they arranged a date. The couple went to a club and had a few drinks. Afterwards, they bought sandwiches at a deli. By 11:00 p.m., Ellzey was ready to return home. However, Williams was not, and he asked Ellzey to drop him off at another club. Ellzey advised Williams to call her when he was ready to leave the club so that she could give him a ride home. At the club, Williams purchased LSD, and prescription drugs, and he drank a large amount of liquor. The record is clear that Williams ingested drugs and alcohol throughout the night. Rather than call Ellzey to pick him up as they had agreed, Williams met with some friends, and they drove to a drug-house to smoke crack cocaine together all night. Early the next morning, Williams' friend dropped him off at a corner store. Williams then walked about a half-mile back to the Paravicinis' trailer home.

On February 15, at approximately 6:00 a.m., Williams arrived at the Paravicinis' home, and he knocked, either on Jeffery's window or on the side of the trailer that corresponded with Jeffery's room. Jeffery let him in and asked him about his plans for the day. Williams told Jeffery that he had a "side job" to do. Jeffery thought that Williams seemed normal and did not appear to be drunk because he was neither tilting his head nor slurring his speech. Williams then called Ellzey on a cordless telephone. Ellzey was upset with Williams because she had wanted him to return to her house and because they had planned for her to come and pick him up from the bar. Ellzey, who had observed Williams inebriated many times in the past, did not believe that Williams was intoxicated.

Jeffery watched Williams pacing while he talked to Ellzey. While still on the phone with Ellzey, Williams walked into the Paravicinis' bedroom, where Clair was in bed, and retrieved a .22-caliber automatic rifle. While still on the phone with Ellzey, Williams shot Jeffery in the face and in the hand. When Gerald came to Jeffery's aid, Williams shot Gerald in the base of the left neck and in the upper left chest area. Jeffery ran to a neighbor's house to get help. Gerald also ran out of the home.

Clair came out of the bedroom when she heard the second gunshot. She saw Jeffery running away and Gerald in the yard. Her husband told her to get help. Clair ran to George Evans' house next door. She then ran back to her husband, who fell by the road.

Evans followed Clair, holding a shotgun. He looked to his right and saw Williams standing in the doorway of the trailer, with no more than 100 feet of open ground between them, with the rifle in his hand. Evans brought up his shotgun and aimed at Williams, warning Williams not to shoot. Williams ducked back into the trailer, and Evans ran back to his trailer. Meanwhile, Ellzey remained on the telephone. She heard two cracking, popping noises. When Williams picked the phone back up again, she started to say his name. Williams dropped the phone without saying anything.

Clair found that she could not get Gerald to stand. She went back into the trailer to find something to stop Gerald's bleeding and for her car keys. There, she found Williams, who waived the rifle at her and told her to get back and leave him alone, or else he intended to kill her. Clair replied that Gerald was hurt. She asked Williams to please help her with him. Williams then struck her in the face with the rifle, breaking her jaw. He left with the rifle and her purse, which contained her credit cards, a checkbook, and over $500 cash.

Meanwhile, Buford Billedeaua was driving a truck past the Paravicinis' trailer. He saw Jeffery and Gerald run out of the trailer. He then saw Williams follow them, holding a large black purse. When Williams took a shot at Gerald, Billedeaua stopped his truck. Williams then approached Billedeaua, telling him that he needed the truck because he had an emergency. Billedeaua noted that Williams looked as though he had been taking dope. Billedeaua got out of the truck with his keys and began to run into the woods. Williams then began shooting at Billedeaua, who avoided being shot.

Unable to flee in Billedeaua's truck without the keys, Williams turned and walked 100 yards up the road to the home of Linda and Freddie Barber. Williams was barely acquainted with the Barbers, having only played basketball with their sons, Brad and Bryan, at their church on a couple of occasions. Williams attempted to enter the Barbers' home. Linda answered the front door. Williams inflicted gunshot wounds to her head. Williams then went into the kitchen and also shot Freddie in the head. Next, Williams shot their son, Bryan, who was asleep in his bed. It was later discovered that Bryan had multiple gunshot wounds, at least two of which were found in his head. Each victim was shot at close range.

Brad was asleep in the back bedroom. He awoke to the sound of gunshots and screaming. Brad got up and opened his door. Williams then proceeded down the hall to Brad's room. Brad closed and locked his door, but Williams kicked it in. When Brad grabbed the barrel of the gun, Williams shot him in the left hand. The two struggled, but Brad managed to escape through the backdoor, and ran through the woods to his sister's house.

Williams took the Barbers' keys and took their van. On the afternoon of February 16, he reached the Mississippi-Louisiana border and called Ellzey, who advised him to surrender. When Williams was apprehended, he told the law enforcement officers that he had thrown the rifle off an unknown bridge into the water. He had also disposed of Freddie Barber's wallet, after taking all the money it contained. Williams spent the money he stole from the Barbers and Clair Paravicini on crack cocaine after leaving the crime scene.

B. The Trial and Expert Testimony

On April 12, 1992, Williams was indicted on two counts of capital murder.^[2] During the trial on November 10, 1992, Williams testified that he did not remember all the events of February 14 and 15, 1992. Williams testified that he had a few beers with Ellzey, and then drank a "pretty good bit" of beer after she dropped him off at another club. At the club, he purchased three hits of LSD for seven dollars ($7) each from someone he did not know and remembered taking two of them. Williams testified that he did not remember killing anyone. He only recalls that he went into the bathroom, and that he began to feel very scared. He said that he saw the walls move, and he saw a larger-than-life apparition walking towards him that made him fear for his life. Regarding the day of the killings, Williams further testified that he began flipping out even before he called Ellzey, and that he tried to disguise his drug use from her to keep her from getting angry with him. He testified that he did not remember anything that occurred between the time that he dialed her number and when he found himself driving a van in Mississippi a day later. However, Williams did not mention seeing the apparition to the Mississippi or Alabama law enforcement officers with whom he spoke on February 16. Williams did tell the officers that he did not remember killing anyone the night before. Williams said that he remembered seeing blood on his pants and throwing the rifle in the water near the bridge.

Dr. Claude L. Brown, a psychiatrist, met with Williams in August 1992. At trial, Dr. Brown testified for the defense. His testimony was based on his meetings with Williams. He diagnosed Williams with borderline personality disorder ("BPD"), which he testified is a mental disorder characterized by inner emptiness, dissatisfaction, and impulsive actions undertaken in an effort to feel better, such as suicide attempts. Persons with BPD have limited, but intense, fluctuating relationships. He testified that individuals with BPD can be thrown into psychotic behavior by increases in anxiety from any source. Dr. Brown testified that Williams' BPD dated to his childhood and was unrelated to his use of drugs before the murders.

Dr. Brown also testified that LSD is, per weight, the most psychogenic drug in the world. He testified that LSD causes frightening distortions and detachment from reality—i.e., psychosis. Furthermore, using alcohol and cocaine with LSD exaggerates these responses. Dr. Brown opined that Williams was psychotic at the time of the killings. He further opined that Williams was suffering from a mental disease or defect that rendered him unable to appreciate the nature and quality or wrongfulness of his acts. He opined that this destructive psychosis resulted from a combination of his preexisting personality structure acted upon by the heavy overload of drugs that he had been taking all night. Lastly, he opined that Williams' BPD in and of itself probably did not trigger his conduct and that, had Williams been sober, the murders probably would not have occurred.

Dr. Harry McClaren, a psychologist, testified for the State. He also diagnosed Williams with BPD, as well as with anti-social personality disorder and substance abuse. Dr. McClaren testified that, given Williams' account of his drug and alcohol ingestion, he was very intoxicated at the time of the killings. He testified that psychosis resulting from LSD can last from eight to twelve hours and that Williams' amnesia was probably chemically induced. He also testified that when some individuals are highly intoxicated from hallucinogenic drugs, they may display some symptoms of psychosis.

Dr. McClaren testified to meeting Williams in August and September 1992. During those sessions, Williams recounted the events of the night before the killings. Dr. McClaren testified that Williams told him that he had a few drinks with Ellzey. After she dropped him off at the club, he bought three hits of LSD. He also ingested a long, purple tablet, and drank whiskey over the course of the evening. He also told Dr. McClaren that he went to a house on Dixon's Corner where, in two trips, he bought crack.^[3] He remembered arguing with Ellzey on the phone and that he then began to flip out and feel frightened. He claimed that he heard someone holler his name and felt like everyone was against him. He told Dr. McClaren that he thought the only way out was to shoot his way out. Williams claimed again that he had no other memories before he found himself driving the van in Mississippi. Dr. McClaren testified that when someone has taken LSD, he or she may see distortions of things that are there.

In contrast to Dr. Brown, Dr. McClaren opined that, because Williams deliberately shot each victim twice in or near the head, Williams was able to appreciate the wrongfulness of his acts. Dr. McClaren further opined that, because Williams had no significant psychiatric history other than attempted suicide, he knew the wrongfulness of his acts. Dr. McClaren testified that since the drugs and alcohol exacerbated Williams' BPD, without the intoxication, Williams probably would not have killed Gerald Paravicini or Linda, Freddie, and Bryan Barber.

On November 11, 1992, the jury returned a guilty verdict on one count of intentional murder during the course of a robbery for the deaths of Freddie Barber and Linda Barber pursuant to Code of Alabama § 13A-5-40(a)(2).^[4] The jury also returned a guilty verdict for the capital offense of intentional murder for the deaths of Gerald Paravicini, Freddie Barber, Linda Barber, and Bryan Barber pursuant to Code of Alabama § 13A-5-40(a)(10).^[5] The jury recommended, by a 10-2 vote, that a death sentence be imposed for the murder convictions. On December 1, 1992, the State trial court sentenced Williams to a punishment of death.

C. Direct and Collateral Appeals

On August 23, 1996, the Alabama Court of Criminal Appeals affirmed Williams' convictions and death sentence.^[6] On October 3, 1997, the Supreme Court of Alabama affirmed the decision of the Alabama Court of Criminal Appeals.^[7] On June 15, 1998, the U.S. Supreme Court denied Williams' petition for a writ of certiorari.^[8]

In 1999, Williams filed a state habeas petition ("Rule 32 petition") in State court asserting ineffective assistance of counsel claims pursuant to Alabama Rule of Criminal Procedure 32.^[9] On August 17, 2000, the trial court held an evidentiary hearing. On October 9, 2001, the trial court denied Williams' Rule 32 petition. On November 14, 2003, the Alabama Court of Criminal Appeals affirmed the trial court's denial of Williams' Rule 32 petition.^[10] On May 14, 2004, the State court denied his application for a rehearing. On October 1, 2004, the Alabama Supreme Court denied Williams' petition for a writ of certiorari.

Williams then timely filed a petition for writ of federal habeas corpus in the United States District Court for the Southern District of Alabama pursuant to 28 U.S.C. § 2254. On April 11, 2007, the district court denied his federal habeas corpus petition, and on April 28, 2008, the district court issued a COA restricting issues on appeal to determine: "(1) whether trial counsel were ineffective in presenting an invalid insanity defense; (2) whether trial counsel were ineffective in failing to present a challenge to intent based on intoxication; (3) whether the jury charges unconstitutionally shifted to him the burden of proof on intent, and whether counsel were ineffective for failing to challenge them on that basis." Doc. 49.

II. STANDARDS OF REVIEW

Williams filed his federal habeas petition after 1996. Therefore, review of Williams' § 2254 petition falls within the scope of the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA").^[11] Pursuant to AEDPA, we employ a "highly deferential standard for reviewing State court judgments." McNair v. Campbell, 416 F.3d 1291, 1297 (11th Cir.2005) (citation and quotation marks omitted). Only where the State court has adjudicated the merits of Williams' ineffective assistance of counsel claims do we apply AEDPA's deferential standard of review. Land v. style="color:black;background-color:#ffc">Allen, 573 F.3d 1211, 1215 (11th Cir.2009) (per curiam).

Given the confines of AEDPA, we permit relief to a petitioner held in state custody only where the State court's decision was "`(1) contrary to, or involved an unreasonable application of, clearly established Federal law as determined by the Supreme Court of the United States; or (2) ... was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.'" Campbell, 416 F.3d at 1297 (quoting 28 U.S.C. § 2254(d)(1)-(2)).

"The district court's factual findings underlying the claim are reviewed for clear error, while mixed questions of law and fact are reviewed de novo." Campbell, 436 F.3d at 1297 (citation omitted). "It is the petitioner's burden to establish his right to habeas relief[,] and he must prove all facts necessary to show a constitutional violation." Blankenship v. Hall, 542 F.3d 1253, 1270 (11th Cir.2008) (citation omitted). "[A] determination of a factual issue made by a State court shall be presumed to be correct. The [petitioner has] the burden of rebutting the presumption of correctness by clear and convincing evidence." 28 U.S.C. § 2254(e)(1). "Thus, [o]ur review of findings of fact by the [S]tate court is even more deferential than under a clearly erroneous standard of review." Wood v. style="color:black;background-color:#ffc">Allen, 542 F.3d 1281, 1285 (11th Cir.2008) (alteration in original) (citation and quotation marks omitted).

We review de novo ineffective assistance of counsel claims, which present mixed questions of law and fact. Blankenship, 542 F.3d at 1270. "We review de novo a district court's grant or denial of a habeas corpus petition." Campbell, 416 F.3d at 1297 (citation omitted). "We review de novo the district court's decision about whether the [S]tate court acted contrary to clearly established federal law, or unreasonably applied federal law, or made an unreasonable determination of fact." Smith v. Sec'y, Dep't of Corr., 572 F.3d 1327, 1332 (11th Cir.2009) (citing Hall v. Head, 310 F.3d 683, 690 (11th Cir.2002)).

III. DISCUSSION

A. Strickland Governs Claims of Ineffective Assistance

In Strickland v. Washington, the United States Supreme Court established the federal law governing the evaluation of all ineffective assistance of counsel claims. 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); see 28 U.S.C. § 2254(d)(1). "The Sixth Amendment right to counsel includes the right to effective assistance of counsel, since the purpose of the right to counsel more generally is to ensure a fair trial." Blankenship, 542 F.3d at 1272 (emphasis in original) (citing Strickland, 466 U.S. at 686, 104 S.Ct. at 2063-64). A petitioner's claim that the assistance rendered by his counsel is "so defective as to require reversal of a ... death sentence has two components." Strickland, 466 U.S. at 687, 104 S.Ct. at 2064. To establish an ineffective assistance of counsel claim under the Sixth Amendment, "[a] petitioner must show that counsel's performance was deficient, and that the deficiency prejudiced the defense." Wiggins v. Smith, 539 U.S. 510, 521, 123 S.Ct. 2527, 2535, 156 L.Ed.2d 471 (2003) (citing Strickland, 466 U.S. at 687, 104 S.Ct. at 2064).

To establish that counsel's performance was deficient, "a petitioner must show that counsel's representation fell below an objective standard of reasonableness." Johnson v. Alabama, 256 F.3d 1156, 1176 (11th Cir.2001) (citation and quotation marks omitted). The U.S. Supreme Court has "emphasized that [t]he proper measure of attorney performance remains simply reasonableness under prevailing professional norms." Wiggins, 539 U.S. at 521, 123 S.Ct. at 2535 (citation and quotation marks omitted).

When assessing Williams' claim that counsel were ineffective, it is important to keep in mind that "[i]n addition to the deference to counsel's performance mandated by Strickland, the AEDPA adds another layer of deference—this one to a [S]tate court's decision—when we are considering whether to grant federal habeas relief from a [S]tate court's decision." Rutherford v. Crosby, 385 F.3d 1300, 1309 (11th Cir.2004) (citation omitted). Thus, Williams not only has to satisfy the elements of the Strickland standard, but he must also show that the State "court applied Strickland to the facts of his case in an objectively unreasonable manner." Blankenship, 542 F.3d at 1271 (emphasis in original) (quoting Rutherford, 385 F.3d at 1309).

In light of these principles, we will consider each of Williams' ineffective assistance of counsel challenges. Williams' ineffective assistance of counsel argument is three-fold. He complains that counsel were ineffective because counsel: (1) presented an invalid defense under Alabama law; (2) failed to properly argue a voluntary intoxication defense to negate an intent to murder; and (3) failed to object to jury instructions. Williams therefore asserts that the State court unreasonably applied Strickland.

B. Counsel Did Not Ineffectively Present An Insanity Defense

1. Alabama Law on Insanity and Voluntary Intoxication

Alabama law provides that insanity is an affirmative defense that the defendant must prove by clear and convincing evidence. Ala.Code § 13A-3-1(a), (c). The affirmative defense of insanity requires proof that "at the time of the commission of the acts constituting the offense, the defendant, as a result of severe mental disease or defect, was unable to appreciate the nature and quality or wrongfulness of his acts." Ala.Code § 13A-3-1(a). Thus, in order to establish the affirmative defense of insanity, the defendant must establish that he suffered from a mental disease.

On the other hand, voluntary intoxication is not an affirmative defense to capital murder in Alabama. Evidence that a defendant was voluntarily intoxicated is, however, admissible "whenever it is relevant to negate an element of the offense charged," such as intent to murder. Ala. Code § 13A-3-2(a). Importantly, it must be emphasized that "[i]ntoxication in itself does not constitute mental disease or defect within the meaning of Section 13-3A-1." Ala.Code § 13A-3-2(d) (emphasis added). Pursuant to Alabama law, "[t]he degree of intoxication required to establish that a defendant was incapable of forming an intent to kill is a degree so extreme as to render it impossible for the defendant to form the intent to kill." Flowers v. State, 922 So.2d 938, 955 (Ala.Crim.App.2005) (emphasis added) (citation and quotation marks omitted). In short, the level of intoxication needed to negate intent must rise "to the level of statutory insanity." Ware v. State, 584 So.2d 939, 946 (Ala. Crim.App.1991) (citation and quotation marks omitted).

2. Deficient Performance

Williams argues that his counsel performed deficiently because there was no legal or factual basis for his attorney to assert an insanity defense based on a mental disease. Williams asserts that the facts of his case only supported a voluntary intoxication defense for purposes of negating intent, and that his counsel should not have conflated the requirements of asserting a voluntary intoxication defense with an insanity defense. Williams argues that the record is devoid of any expert testimony from a psychiatrist that would support a plausible claim of insanity under Alabama law. He therefore contends that his counsel's performance was deficient and unreasonable by professional standards because an insanity defense based on intoxication was precluded by Alabama law. We find no merit to this argument.

To overcome the strong presumption "in favor of competence, Williams must bear the heavy burden `that no competent counsel would have taken the action that his counsel did take.'" Haliburton v. Sec'y, Dep't of Corr., 342 F.3d 1233, 1243 (11th Cir.2003) (citation and quotation marks omitted). We have said before that "[c]ounsel must be permitted to weed out some arguments to stress others and advocate effectively." Gaskin v. Sec'y, Dep't of Corr., 494 F.3d 997, 1003 (11th Cir.2007) (per curiam) (citation and quotation marks omitted). Although Williams argues that counsel only mentioned the defense of voluntary intoxication once, "abandoning one defense in favor of another that counsel reasonably perceives to be more meritorious is not deficient performance." Housel v. Head, 238 F.3d 1289, 1295 (11th Cir. 2001) (citation omitted). Review of the record shows that the defense of insanity based on a mental disease was a sound strategy employed by Williams' counsel, which we are not inclined to second-guess. See Strickland, 466 U.S. at 689, 104 S.Ct. at 2065. The record illustrates several reasons why a reasonable defense counsel would pursue an insanity defense based on a mental disease, exclusive of voluntary intoxication.

First, contrary to Williams' suggestion, the record indicates that there was some legal and factual basis for counsel to pursue the insanity defense. Two expert witnesses testified that Williams suffered from a "mental disease." Vol. II, P-1 at R-363-64, 516. At trial, Dr. Brown, a psychiatrist, presented evidence regarding Williams' mental state. Dr. Brown opined that Williams was "crazy at the time" of the killings, "crazy from a combination of his preexisting personality structure acted upon by the heavy overload of drugs" that Williams had been taking all night long. Vol. II, P-1 at R-363. Dr. Brown also testified that on the morning of February 15, Williams suffered a "mental disease or defect" called BPD. Vol. II, P-1 at R-363-64. Although Dr. Brown explained that the petitioner's intoxication did exacerbate his BPD, simply discussing intoxication does not undermine the fact that counsel appropriately presented evidence that Williams suffered from a mental disease.

Dr. McClaren, a psychologist who met with Williams on three different occasions, also testified about Williams' mental state. Dr. McClaren testified that in September 1992, Williams had two previous suicide attempts.^[12] After consultation with Williams, Dr. McClaren opined that Williams suffered from a "mental disease or defect" called BPD and an anti-social disorder coupled with several substance abuse diagnoses. Vol. II, P-1 at R-516. Because both expert witnesses diagnosed Williams with a mental disease or defect, it was not unreasonable for counsel to offer a defense based on insanity.

Second, the record contains contradictory testimony from witnesses commenting on whether they believed Williams appeared to be inebriated or high on drugs during the killings. On May 18, 1992, Sandra Ellzey testified to a grand jury in Mobile County that when she spoke to Williams on the phone just before the killings, Williams sounded normal, his speech was not slurred, and he was soft-spoken and calm. Ellzey testified that she had been with Williams long enough to know when he was high or when he had been drinking. According to her, Williams sounded as if he was sober. At trial, Ellzey testified that Williams was "very calm and he was quiet[, and] [h]e just appeared to be normal" as they spoke on the telephone the during the killings. Vol. II, P-1 at R-466. Ellzey's testimony to the grand jury and at the trial undermines the argument that Williams was intoxicated to the degree of insanity.

Additionally, Clair testified that on the morning Williams killed her husband Gerald, Williams did not appear to be under the influence of any drugs, and that "he acted normal." Vol. II, P-1 at R-244-45. This evidence suggests that on the morning of the shootings, Williams may not have been so intoxicated that it was "impossible" for him to form an intent to kill. Thus, counsel's decision to offer the insanity defense independent of intoxication was not only sound, but this strategy was to Williams' benefit. Therefore, it was reasonable for defense counsel to pursue a legal theory of insanity based on a mental disease, independent of intoxication.

Third, counsel's strategy was sound because Williams did not consistently report facts suggesting that his intoxication was so excessive that it amounted to insanity. For example, Williams recalls that on the morning after the shootings, his clothes were covered in blood. After Williams was taken into custody by law enforcement, he did not mention that he was scared, or that he thought he was shooting at an apparition he believed chased him. Vol. II, P-1 at R-502. In his statement to the police, Williams simply says that he did not remember shooting anyone. The first time Williams mentioned that he thought an apparition was coming after him, and that the only option was to shoot his way out, was after he was evaluated by Dr. McClaren in August and September 1992. Vol. II, P-1 at R-511. A jury may have considered these inconsistencies as damaging to Williams' intoxication defense. Furthermore, Williams testified that he was hallucinating while he spoke with Ellzey on the phone. He further testified that the walls were moving. Vol. II, P-1 at R-493. However, on the night of the murders, Williams did not mention any of these hallucinations to her as he shot Jeffery and killed Gerald.

In light of this evidence, we cannot say that "no competent counsel would have taken the action that his counsel did take." See Haliburton, 342 F.3d at 1243 (citation and quotation marks omitted). Williams has not proffered any evidence to show otherwise. We agree with the district court that because the jury must consider intent as an element of capital murder, the jury is free to accept or reject the truthfulness of Williams' assertion that he was so intoxicated that he did not have intent to murder. See Justo v. State, 568 So.2d 312, 314 (Ala.Crim.App.1990) (citation and quotation marks omitted) (explaining that when the defense of voluntary intoxication is raised, the jury can reject the truthfulness of the defendant's assertion that he took drugs). Counsel's presentation of an insanity defense based on a mental disease did not detract or weaken the inference that Williams was on drugs. As explained in Strickland, counsel's performance is entitled to a high level of deference. 466 U.S. at 689, 104 S.Ct. at 2065. Williams has not offered evidence which would appropriately overcome the strong presumption that counsel's assistance was competent.

Williams' trial attorney's presentation of an insanity defense as a mental disease or defect pursuant to Alabama law was not unreasonable. We agree with the State court, which decided that counsel's election to present the insanity defense was a sound strategic decision, and that counsel were not ineffective. Williams v. State of Alabama, No. CR-01-0463 (Ala.Crim.App. Nov. 14, 2003). Williams has failed to satisfy the first prong of the Strickland test, that counsel's performance in asserting the affirmative defense of insanity fell below an objective standard of reasonableness.

3. Prejudice

Even if counsel were deficient, Williams is unable to satisfy the prejudice prong of Strickland. After the reviewing counsel's insanity strategy, Williams has not established that, but for counsel's professional errors the outcome of the proceedings would have been different. The record contains testimony from witnesses who called into question the degree of intoxication Williams experienced. Given the contradictory accounts regarding the degree of Williams' intoxication, it is unlikely that these inconsistencies would have changed the outcome of the proceedings. Accordingly, we find that the State court's determination was a reasonable application of Strickland.

C. The Voluntary Intoxication Defense was Not Improperly Argued

Williams argues that counsel were deficient in presenting a proper voluntary intoxication defense during the guilt/innocence phase. In support of this contention, Williams argues that counsel did not thoroughly investigate and present an additional expert witness such as a psychopharmacologist. Williams explains that a psychopharmacologist would have testified about the effects LSD, alcohol, and cocaine have on the brain. He speculates that this additional testimony would have negated the intent required for a capital murder offense. He therefore argues that, but for the deficiency of defense counsel, he would not have been eligible for the death penalty. We find no merit to this argument.

Counsel has a constitutional, independent duty to investigate and prepare a defense strategy prior to trial. House v. Balkcom, 725 F.2d 608, 618 (11th Cir.1984); see also Fugate v. Head, 261 F.3d 1206, 1221 (11th Cir.2001). However, this duty does not necessarily require counsel to investigate each and every evidentiary lead. Harris v. Dugger, 874 F.2d 756, 763 (11th Cir.1989). Yet, the decision to restrict or limit an investigation "must flow from an informed judgment." Id. "`[S]trategic choices made after less than complete investigation are reasonable precisely to the extent that reasonable professional judgments support the limitations on investigation.'" Wiggins, 539 U.S. at 521, 123 S.Ct. at 2535 (alteration in original) (quoting Strickland, 466 U.S. at 690-91, 104 S.Ct. at 2066). That is, counsel has a duty to make a "reasonable decision that makes particular investigations unnecessary." Id. "`In any ineffectiveness case, a particular decision not to investigate must be directly assessed for reasonableness in all the circumstances, applying a heavy measure of deference to counsel's judgments.'" Id. at 521-22, 123 S.Ct. at 2535 (quoting Strickland, 466 U.S. at 690-91, 104 S.Ct. at 2066).

Therefore, "[i]n assessing the reasonableness of an attorney's investigation,... a court must consider not only the quantum of evidence already known to counsel, but also whether the known evidence would lead a reasonable attorney to investigate further." Id. at 527, 123 S.Ct. at 2538. As we explained in Chandler, "[i]nvestigation (even a nonexhaustive, preliminary investigation) is not required for counsel reasonably to decline to investigate a line of defense thoroughly." 218 F.3d at 1318 (citing Strickland, 466 U.S. at 690, 104 S.Ct. at 2066).

In Grayson v. Thompson, the petitioner advanced an argument substantially similar to the one Williams makes in this case. 257 F.3d 1194, 1218-19 (11th Cir.2001). Grayson argued that his trial lawyer was ineffective for failing to develop and present additional evidence regarding his chronic alcoholism and intoxication at the time of the offense to negate the intent required for a capital murder offense. In response to this argument, we advised that "[a]lthough [P]etitioner's claim is that his trial counsel should have done something more, we first look at what the lawyer did in fact." Id. (alteration in original) (quoting Chandler, 218 F.3d at 1320). "`Our court's proper inquiry is limited to whether th[e] course of action [followed by defense counsel] might have been a reasonable one.'" Id. (alteration in original) (quoting Chandler, 218 F.3d at 1319).

1. Deficient Performance

We must first examine what counsel did in fact. At trial, defense counsel's theory was, in part, that Williams lacked the specific intent to be guilty of capital murder. At trial, neither the defense nor the State offered a motive for Williams' violent crimes, other than a drug-induced psychosis. The record shows counsel presented evidence that Williams was intoxicated and had consumed large amounts of drugs. Counsel put Williams on the stand to testify about the large amounts of drugs and alcohol he consumed the night before, and the morning of, the killings. Counsel emphasized Williams' repeated purchase of LSD or ecstasy, prescription drugs, and alcohol. Vol. II, P-1 at R-299-301. Counsel also read aloud in court John Funderburg's statement to the police that reported that when he was with Williams the night before and into the morning of the killings, Williams bought and consumed LSD, or dope. Vol. II, P-1 at R-313. Consistent with his intoxication claims, Williams continually testified that he could not remember the specifics of the crimes other than consuming drugs. Additionally, on direct examination, Dr. Brown testified that the combination of drugs and BPD rendered Williams so intoxicated and psychotic that he was unable to appreciate the wrongfulness of his acts. This testimony speaks to the state of mind Williams had on the morning of the killings. Based on these examples, it is clear that counsel adequately emphasized that Williams engaged in excessive alcohol and drug consumption prior to the crimes, and Williams has not demonstrated that counsel needed to argue further. Presentation of this evidence supports Williams' contention that he did not possess the requisite intent to kill. Accordingly, counsel's presentation did not fall below the objective reasonableness standard of professional performance.

Despite these efforts, Williams argues that if his counsel had enlisted testimony from a psychopharmacologist, such testimony would have bolstered his voluntary intoxication defense and provided a clearer demonstration of his argument to the jury. Williams made a similar argument during his Rule 32 post-conviction evidentiary hearing, but the State court found it unpersuasive. Williams v. Alabama, CR-01-0463 (Ala.Crim.App. Nov. 14, 2003), mem. op. at 19. Counsel placed Dr. Brown on the stand to testify to the effects that the combination of LSD, crack, and alcohol would have had on Williams' behavior, which is relevant information for the defense. Williams only assumes that a psychopharmacologist could fill in additional testimony where Dr. Brown's was allegedly insufficient. Thus, Williams has not demonstrated what kind and how much investigation a reasonable lawyer would have made under the circumstances in this case. See Horsley v. Alabama, 45 F.3d 1486, 1495 (11th Cir.1995) (citation and quotation marks omitted).

Moreover, Williams did not call his trial counsel to testify at the Rule 32 post-conviction evidentiary hearing. Thus, we have no evidence as to whether trial counsel investigated additional experts, or why trial counsel chose not to offer additional experts. "An ambiguous or silent record is not sufficient to disprove the strong and continuing presumption of counsel's competency. Therefore, where the record is incomplete or unclear about [counsel]'s actions, we will presume that he did what he should have done, and that he exercised reasonable professional judgment." Chandler, 218 F.3d at 1314 n. 15 (alteration in original) (citation and quotation marks omitted). Because Williams has offered no evidence to support a conclusion that trial counsel failed to conduct an investigation into additional experts, we presume Williams' trial counsel exercised reasonable, professional judgment.

2. Prejudice

Alternatively, even if Williams had demonstrated counsel's performance was deficient, the performance was not prejudicial. In an attempt to establish prejudice, Williams reiterates that a sufficient voluntary intoxication defense would have negated the element of intent which, in turn, would have taken the death penalty off of the table. We are not persuaded by this argument.

Pursuant to Strickland, to establish prejudice, the defendant must show "that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Strickland, 466 U.S. at 694, 104 S.Ct. at 2068; Lynd v. Terry, 470 F.3d 1308, 1315-16 (11th Cir.2006). That is, but for counsel's errors, it is reasonably probable that testimony from a psychopharmacologist would have affected the sentence eventually imposed. Under this standard, Williams has not shown a reasonable probability that presenting a stronger voluntary intoxication defense would have resulted in a life sentence rather than the death penalty.

Dr. McClaren testified that Williams' actions during the killings would not negate an intent to commit capital murder. In this respect, Dr. McClaren offered the most compelling opinion refuting Williams' speculation that voluntary intoxication was the strongest theory. Given his testimony, the jury may have recommended the death penalty regardless of whether a psychopharmacologist had testified. For example, Dr. McClaren testified that, because the victims sustained, not one, but multiple gunshot wounds to the head, throat or upper chest area, Williams' actions were purposeful. Vol II, Tab P-1 at R-519-20. Dr. McClaren further opined that the crimes were

Vol II, Tab P-1 at R-520 (emphasis added).

Given Dr. McClaren's testimony regarding Williams' actions, and the manner in which the killings transpired, we cannot say that he has "met the burden of showing that the decision reached [by the jury] would reasonably likely have been different absent the errors." Strickland, 466 U.S. at 696, 104 S.Ct. at 2069. Furthermore, the record is replete with evidence that the jury could have found that Williams' actions were deliberate and purposeful, rather than finding in favor of his voluntary intoxication defense. It is also unlikely that testimony from a psychopharmacologist would have changed the outcome of this case. To this extent, we find that the State court made a reasonable application of federal law, and the district court committed no error in its decision.

D. The Jury Instructions

Lastly, Williams contends that his counsel rendered deficient performance for failure to object to the jury instructions. He also argues that the jury instructions on insanity and voluntary intoxication were confusing and contradictory. Appellant Br. 57. We decline to entertain the merits of the latter argument, as our review is restricted to the issues specified in the certificate of appealability. McClain v. Hall, 552 F.3d 1245, 1254 (11th Cir.2008) (citing Murray v. United States, 145 F.3d 1249, 1250-51 (11th Cir.1998) (per curiam)); Newland v. Hall, 527 F.3d 1162, 1166 n. 4 (11th Cir.2008); see 28 U.S.C. § 2253(c)(3) (explaining that the COA must specifically indicate the issues for review). The district court's order granting the COA was limited to the specific issue of "whether the jury instructions unconstitutionally shifted to him the burden of proof on intent." Doc. 49 at 1. We therefore find that, to the extent that Williams argues counsel were ineffective for failure to object to confusing or contradictory jury instructions, he has not raised a cognizable claim within the scope of the limited review specified in the COA.^[13]

1. AEDPA Deference for State Habeas Court

As an initial matter, a question presented is whether the district court erred when it afforded no AEDPA deference to the State court's adjudication of Williams' ineffective assistance of counsel claim on the issue of whether the jury instructions shifted the burden to prove intent. To reiterate, AEDPA affords a high level of deference when the State court adjudicates a constitutional claim on the merits. See 28 U.S.C. § 2254(d)(1). Therefore, if the State court adjudicated the merits of Williams' claim that the jury instructions unconstitutionally shifted the burden to prove intent, the State court is entitled to deference where principles of federal law are not violated. However, the district court reviewed this claim de novo.

After review, we find that the district erroneously reviewed Williams' burden-shifting portion of his claim under a de novo standard. Doc. 21 at 34-35. The district court presented a concise reason for applying the de novo standard, explaining that the "State court was unaware that a constitutional, burden-shifting claim had also been asserted." See id. at 34. However, we are reluctant to agree.

The record indicates that the State court was aware of Williams challenge to the jury instructions, which he alleged shifted the burden of proving intent to him. In his Rule 32 petition as amended, Williams raised the claim that counsel were ineffective for failing to object to jury instructions that shifted the burden to prove that he had the requisite mental state of intent to kill. Vol. VIII, Tab P-13, at 17-19. In support of his Rule 32 amended petition, Williams also filed a post-hearing brief with the State court. Vol. XI, Tab P-36 at R-346. As the district court notes, Williams argued that a jury charge invoking the presumption of intent may unconstitutionally shift the burden of proof to the defendant. Vol. XI, Tab P-36 at R-368. Williams' argument, however, conflates the requirements of asserting the affirmative defense of insanity, the defense of voluntary intoxication, the presumption of sanity, and the burden the State must carry in order to prove intent to commit capital murder, into one burden, which he says shifted to him in an unconstitutional manner. Vol. XI, Tab P-36 at R-346. Albeit confusing, this argument was before the State court. Because both the Rule 32 petition and the post-conviction hearing brief present this argument, we are unable to agree with the district court that the State was unaware of the burden-shifting argument.

The question now becomes whether the State court's decision on Williams' Rule 32 petition regarding the burden to prove intent constituted an adjudication on the merits. After reviewing the State court's order of the Rule 32 petition, the record indicates that the State court did in fact adjudicate on the merits Williams' burden-shifting claim.

"A decision that does not rest on procedural grounds alone is an adjudication on the merits, regardless of the form in which it is expressed." Blankenship, 542 F.3d at 1271 n. 4 (citation and quotation marks omitted). Furthermore, § 2254(d)(1) requires only an adjudication on the merits in State court proceedings. Wright v. Sec'y, Dep't of Corr., 278 F.3d 1245, 1254 (11th Cir.2002). "The chief responsibility of judges is to decide the case before them. They may, or may not, attempt to explain the decision in an opinion." Id. at 1255. That is, "[t]he statutory language focuses on the result, not on the reasoning that led to the result." Id. Thus, a State court is not required to list an entire rationale as to why it rejects the merits of a claim properly before it. See id.

After review of the record, we find that the State court adjudicated the merits of Williams' claim that counsel were ineffective for failure to object to certain jury instructions that shifted the burden to prove intent. In its October 2, 2009 order, the State court made the following statement regarding the Rule 32 petition:

Vol. VIII, Tab P-17 at 22. This statement constitutes an adjudication on the merits. Having already met the requirements of adjudication under § 2254(d)(1), the State court engaged in analysis and explained that the defendant had the consistent "burden of proving insanity." Vol. VIII, Tab P-17 at 28. The State court also clarified Williams' misreading of the law, and explained that voluntary intoxication is a defense that the defendant also had the burden to "prove during a trial." Vol. VIII, Tab P-17 at 28. The State court reasoned that jury instructions that note correct statements of law are not erroneous. Vol. VIII, Tab P-17 at 28. The State court then concluded that "trial counsel were not ineffective for failing to object to such instructions." Vol. VIII, P-17 at 28. Indeed, we read these statements to mean that the State court adjudicated the merit of Williams' challenge to the jury instructions; it properly determined that the charge did not inappropriately shift the burdens between the parties.^[14]

2. Deficient Performance

a. The Instructions on Intent to Commit Capital Murder Did Not Shift the Burden of Proving Intent

On the issue of whether the jury instructions relieved the prosecution's burden of proving intent to commit capital murder, we find that the jury instructions did not shift this evidentiary requirement to Williams. Therefore, the performance was not deficient for counsel's failure to object. Contrary to Williams' assertion, the record shows that the trial court explicitly charged the jury with the following instructions about the State's responsibility, or burden, to prove intent:

Vol. II, Tab P-1 at R-588-90.

With regard to the deaths of Gerald and Bryan, the trial court charged the prosecution with the burden to prove that Williams intended to cause their deaths. Vol. II, Tab P-1 at R-593-94. We agree with the district court that Williams' contention that the State did not have to prove the requisite mental state is meritless. The jury instructions explicitly assigned the burden of proving intent as an element of the crime for capital murder to the State. We find no error with this charge, and the State committed no unreasonable application of federal law when it concluded that counsel were not ineffective for failure to object to these instructions.

b. The Instructions on the Presumption and Insanity

Williams also takes issue with the following instructions on the presumption:

Vol. III, Tab P-1 at R-603-04. The relevant instructions on insanity are follows:

Vol. III, Tab P-1 at R-602-03.

Williams argues that these instructions suggested to the jury that because he is over the age of fourteen, it should presumed that he intended to commit capital murder. Williams further argues that because the jury instructions also required him to show by clear and convincing evidence that he is insane, the defense of insanity acts as a rebuttal to the presumption of intent. He therefore, argues that the presumption unconstitutionally shifted the burden to prove intent to him. After review of these instructions, we find this argument unpersuasive.

Williams cites to Sandstrom v. Montana as an example of a proscribed presumption. See 442 U.S. 510, 521, 99 S.Ct. 2450, 2458, 61 L.Ed.2d 39. In Sandstrom, the Supreme Court held that a defendant's state of mind or intent that is an element of a crime "cannot be taken from the trier of fact through reliance on a legal presumption of wrongful intent." 442 U.S. at 522, 99 S.Ct. at 2458 (citing United States v. United States Gypsum Co., 438 U.S. 422, 98 S.Ct. 2864, 57 L.Ed.2d 854 (1978)) (emphasis omitted). A jury instruction which creates a burden-shifting presumption or a "conclusive presumption" is unconstitutional. Id. at 523-24, 99 S.Ct. at 2459 (citation omitted). Further, an instruction must not relieve the government of its burden of proving each and every element of the crime. Id. at 523, 99 S.Ct. 2450 (citation omitted); accord Parker v. Sec'y, Dep't of Corr., 331 F.3d 764, 776 (11th Cir.2003) ("[I]t is a commonplace of criminal law that a conviction violates due process if the jury did not have to find the elements necessary for a guilty verdict beyond a reasonable doubt."); In re Winship, 397 U.S. 358, 364, 90 S.Ct. 1068, 1073, 25 L.Ed.2d 368 (1970) (holding that due process requires "proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged"). After reviewing the challenged presumption, we find that the principles set forth in Sandstrom were not violated for two reasons.

First, in Sandstrom, the Supreme Court rejected "conclusive presumptions" that relieved the State of its burden to prove intent. 442 U.S. at 523-24, 99 S.Ct. at 2459 (citation omitted). In this case, however, Williams' argument is misplaced. We agree with the district court that the challenged presumption invokes a presumption of sanity, and not a presumption of intent as Williams suggests. The ultimate decision on the issue of intent was left to the trier of fact alone, and the trial court's simple mention of the presumption of sanity (not intent) did not invade the jury's fact-finding function. See Sandstrom, 442 U.S. at 523, 99 S.Ct. at 2459. Indeed, the instruction that a person is presumed to possess sufficient mental capacity to appreciate that his conduct is wrongful is a presumption of sanity. See Vol. III, Tab P-1 at R-603-04. Alabama law has long recognized the presumption of sanity, and we agree with the district court that Williams has failed to show that the presumption of sanity is unconstitutional.^[15]

Second, we reject Williams' contention that the presumption of sanity shifts the burden to prove intent to him. He argues that when read together, asserting an affirmative defense of insanity acts as a rebuttal to the presumption of sanity because he has to prove that he is insane by clear and convincing evidence. Williams asserts that if we examine the jury instructions in this manner, the charge violates principles of Sandstrom. Williams' argument is not only extraneous, but also it is a misunderstanding of Alabama law, and we find it groundless.

In Archie v. State, Alabama summarized its principles on the issue of sanity as the following:

875 So.2d 336, 341 (Ala.Crim.App.2003) (alterations in original) (citation and quotation marks omitted).^[16] After review of the jury instructions and in light of Alabama law, we find that the presumption of sanity does not shift the burden of proving intent to Williams, nor do we find that asserting the affirmative defense of insanity acts as a rebuttal to the presumption of sanity. Rather, Alabama law allows the defendant to prove, by clear and convincing evidence, that he was incapable of forming the requisite intent to commit capital murder. This is an opportunity for the defendant to explain why and how a mental disease could render him unable to appreciate the nature and quality or wrongfulness of his acts even though his actions may appear to be deliberate and purposeful. See Ala.Code § 13A-3-1(a). Indeed, the burden to prove this by clear and convincing evidence is on the defendant. However, when asserting the affirmative defense, the burden remains on the State to prove beyond a reasonable doubt that Williams intended to commit capital murder. The two burdens are not mutually exclusive, and both parties have to carry their burden irrespective of the other. Because we find that neither the presumption of sanity nor the affirmative defense of insanity shifted the burden to prove intent, counsel were not ineffective for failure to object to these instructions. Accordingly, the State court did not apply Strickland in a manner that was contrary to, or an unreasonable application of federal law.

Williams argues that counsel were ineffective for failure to object to the instruction that voluntary intoxication cannot negate intent unless it amounts to insanity. Appellant Br. 56-57. Williams argues that because the defense of voluntary intoxication requires such a high degree of intoxication, the jury instructions ultimately required that he prove that he is insane in order to negate intent. Therefore, Williams argues that because asserting the defense of voluntary intoxication requires a showing that he is insane, the defense acts as a mechanism that requires him to rebut the presumption of sanity. He argues that this amounts to an unconstitutional burden-shift. After careful review of the jury instructions on voluntary intoxication and insanity, we find no merit to Williams' contention. Therefore, counsel were not deficient for failing to object.

Concerning counsel's argument on voluntary intoxication, the trial judge stated:

Vol. II, Tab P-1 at R-595-96 (emphasis added). The trial court went on to explain that "[t]he degree of intoxication necessary to negate specific intent[,] and thus reduce the charge must amount to insanity." Vol. II, Tab P-1 at R-597. The trial court further emphasized that "intoxication must be so excessive as to paralyze the mental facilities and render the accused incapable of forming or entertaining the required intent." Vol. II, Tab P-1 at R-599.

We agree with the State court that the jury instructions were not improper because they are a correct statement of Alabama law. Although Williams asks us to read all of the burdens together in an amalgamated manner, the jury instructions do not translate to a shift of the burden to prove intent. As mentioned before, the burden to prove intent for capital murder rests with the State and does not change throughout the course of the trial. As the State court rightly concluded, insanity is an affirmative defense that must be proven by the defendant. Vol. VIII, Tab P-1, at R-27-28; see Ala.Code § 13A-3-1(c). Indeed, asserting a defense such as voluntary intoxication is an opportunity for the defendant to counter the prosecution's case that he intended to commit the crime of murder. The defense of voluntary intoxication, is therefore, available to the defendant to negate intent and does not act as a rebuttal to the presumption of sanity. The defense creates a favorable circumstance for the defendant to explain to the judge and jury that his voluntary intoxication, whether through drugs or alcohol, became so great that it rendered him mentally incapable to form an intent to commit murder. Thus, like the affirmative defense of insanity, voluntary intoxication does not shift the burden to prove intent from the State to the defendant, as Williams' conflated argument suggests. The State court therefore, correctly found that counsel were not ineffective. Affording deference to the State on this issue, we find no contrary or unreasonable application of federal law.

IV. CONCLUSION

The district court did not err by denying Williams' federal habeas corpus relief as to his claim that his counsel rendered ineffective assistance. For the reasons stated above, Williams has not proved that counsel performed in an objectively unreasonable manner based on professional standards, and that he suffered prejudice. Williams has also failed to show the State court's decision is contrary to, or resulted in an unreasonable application of, clearly established federal law in Strickland. We therefore, affirm the district court's denial of his habeas petition.

AFFIRMED.