CALL 205.538.3340

The Law Office of J.D. Lloyd Logo Because There’s Hope After the Trial


After The Trial Blog

The After The Trial blog presents insights on ongoing and recent trials around the state of Alabama, including weekly criminal law round-ups.

CCA Caselaw Update - June 2016

J.D. Lloyd - Friday, June 03, 2016

Malone v. State (CR-14-1326)

Malone was charged with second-degree assault and moved before trial for an immunity hearing under § 13A-3-23(d). During the incident in question, Malone stabbed the other party after the other person grabbed Malone by the throat, Malone left, and the other person caught up to Malone and grabbed him by the throat again. Malone’s self-defense claim wasn’t based upon a Stand-Your-Ground defense. The circuit court denied his request on the grounds that it did not have the authority to decide the question of immunity at a pretrial hearing. REVERSED. This case appears to be a pretty formative decision in the area of self-defense and the on-going interpretation of the 2006 amendment. The Court resolved two pretty big questions in favor of defendants.


1. Using deadly force is permissible under § 13A-3-23 outside of the stand-your-ground situations discussed in § 13A-3-23(b). One of the questions presented here was whether the 2006 Stand-Your-Ground amendment to § 13A-3-23(b) limited the use of deadly force in self defense to only those situations covered by the amendment to § 13A-3-23(b) -- where (a) a defendant is in a place he/she has a right to be and (b) isn’t involved in unlawful activity. Effectively, the State argued that if your situation didn’t follow under this dynamic -- i.e., like Malone’s -- the use of deadly physical force is not permitted. On the other hand, Malone argued that the common-law duty to retreat still applied in situations not covered by § 13A-3-23(b). The Court of Criminal Appeals agreed, holding that the amendment didn’t abrogated the common law duty to retreat before using deadly physical force -- the amendment just gave another justification for using deadly physical force.

2. A § 13A-3-23(d) immunity hearing is not limited to only Stand-Your-Ground situations but rather any circumstance in which someone is possibly justified in using self defense. Again, the State tried to read the 2006 amendment in a narrow manner that simply isn’t justified by the plain wording of the statute. As such, the CCA held that an immunity hearing is authorized under § 13A-3-23(d) to adjudicate any self-defense claim, not just stand-your-ground claims.


Woods v. State (CR-14-0845)

Woods pleaded guilty to DUI in the Montgomery District Court and appealed for a trial de novo in the circuit court. During the circuit court trial, the State introduced over Woods’ objection a redacted copy of his guilty-plea conviction in the district court. On appeal, Woods argued that the guilty-plea shouldn’t have been allowed in a trial de novo; however, the State argued that under Phillips v. City of Dothan, 534 So. 3d 381 (Ala. Crim. App. 1988), the plea was admissible. REVERSED. The CCA decided that Phillips doesn’t comport with the idea that a trial de novo “wipes the slate clean” relying on language in Yarbrough v. City of Birmingham, 535 So. 2d 75 (Ala. Crim. App. 1977) and Ex parte Sorsby, 12 So .3d 139 (Ala. 2007). As such, the Court overruled Phillips and held that the admission of the guilty plea was reversible error.

Smith v. State (CR-97-1258)

In a death case that saw numerous remands and orders new sentencing hearings for a myriad of reasons, the circuit court held a fourth penalty-phase hearing wherein it excluded the public during the jury selection phase of the proceeding over the defense’s objection. The circuit court offered a generic justification regarding the small size of the courtroom to support its decision. The jury recommended death by a vote of 10-2 and the court followed that recommendation. REVERSED The Court of Criminal Appeals reversed, finding that the circuit court failed to show how closing the courtroom was justified under Waller v. Georgia, 467 U.S. 39 (1984).


Ingmire v. State (CR-14-1447)


Ingmire was charged and convicted of one count second-degree theft and one count receiving stolen property in connection to the theft/sale of a four-wheeler. At trial, the circuit court allowed the State to introduce a NCIC report where the four-wheeler was listed as stolen. The defense objected. REVERSED . Here, the CCA held that the NCIC report was hearsay and was not, in this trial, show to be a business record and worthy of exception under Rule 803(6) because there was no evidence that the report fit within the business-records exception. The Court left open the possibility that NCIC reports could one day be held to fit within the exception, but such a showing was not made in the trial below.


Benn v. State (CR-14-0714)

Benn was convicted of seven counts of capital murder and the jury recommended death by a vote of 10-2. On December 12, 2014, the circuit court held a judicial-sentencing hearing and took the arguments under advisement. On January 29, 2015, the court issued a written sentencing order sentencing Benn to death. On appeal, Benn argued that the CCA lacked jurisdiction to consider this matter because the circuit court failed to enter a judgment of conviction as required by law. APPEAL DISMISSED. Relying on the AL SC’s recent decision in Ex parte Kelley, [Ms.  1131451] (Ala. 2015) and § 12-22-130, the CCA held that trial court must pronounce in open court both an adjudication of guilt and sentence.


Glaze v. State (CR-15-0553)


This was a DUI case involving a municipality wherein the appeal was dismissed for the same reason in Benn v. State


If you or someone you know has been convicted of wrongful criminal charges, there is hope after the trial. Contact us today by clicking HERE.



Recent Posts


morgan county alabama pelham alabama netflix heflin alabama mccalla alabama lethal injection utah supreme court beylund v north dakota court of criminal appeals stoves v state eighth amendment, moving violations court of criminal appeal releases lethal injection drugs crime of passion implied consent sexual assault Tommy Arthur shooting death Tracie Todd alabama supreme court Kay Ivey identity theft betton v state armed robbery asia mcclain brian fredick lucas drug crimes Fentanyl baltimore city circuit court huntsville breaking and entering Stephen Breyer keith v state capital murder gun control church robberies nathan woods drug seizure drug smuggling Jefferson County Alabama montgomery alabama arson mount olive alabama legende v state kenneth eugene billups adnan syed, tarrant alabama heritage christian university public assistance fraud fraudulent checks madison alabama assault making a murderer debtor prison warrantless blood draws self defense benjamin todd acton texas eric sterling marion county Benn v State kimberly alabama blount county alabama SCOTUS, drug trafficking, home repair fraud hoover alabama warrior alabama levins v state shooting Alabaster alabama apprendi v new jersey illegal gun carry blountsville alabama edwards v arizona shelby county trussville alabama abandonment birchfield v north dakota kidnapping attempted murder executions economic growth mulga alabama Justice Sotomayor sarah koenig robberies south carolina alfonso morris hanceville alabama bernard v north dakota dora alabama rainbow city alabama § 13A-3-23 fourth amendment peyton pruitt Neil Gorsuch hoax destructive devices state of arizona constitutional violations the mannequin challenge Mike Hubbard mountain brook alabama florence alabama greene county alabama hall v florida felony assaults US Supreme Court Update homicide bessemer alabama forced isolation steve avery Pleasant Grove Alabama brookside alabama towles v state Joshua Reese lamar county Lucky D Arcade department of justice Alonzo Ephraim eugene lee jones v state christmas shooting murder Dylann Roof Ingmire v State Rule 32 cherokee county alabama fraud constitutional law, springville alabama CCA update fort payne alabama pruitt v state Etowah County Alabama, campbell v state department of justice, debit card skimming scams hurst v florida eleventh circuit ruling ring v arizona morris alabama sentencing law and policy blog summaries ferguson missouri Thomas Hardiman utah v strieff Walker County Alabama car accident capital punishment mike gilotti brendan dassey, steve avery, making a murderer, scotus, netflix minor offenses embezzlement russell calhoun negligent homicide OJ Simpson unlawful manufacturing Donald Trump, banville v state Malone v State drug busts Kareem Dacar Gaymon jerry bohannon moore v texas Hillary Clinton, fultondale alabama habeas corpus relief shoplifting battles v state mcwilliams v dunn talladega superspeedway theft anniston alabama, Easter Marengo County Alabama Adamsville alabama 2016 election, Wesley Adam Whitworth alabama OJ Simpson Made in America st clair county alabama ake v oklahoma second amendment operation crackdown animal cruelty Briarwood Presbyterian Church dekalb county alabama 28 U.S.C. § 2254 boaz alabama state of alabama ex parte briseno New York Times strickland v washington adger alabama Woods v State Xavier Beasley burglary Gardendale Alabama nicholas hawkins illegal gambling death penalty, calhoun county alabama endangerment of a child court systems, death penalty lauderdale county alabama gun rights midazolam judicial override hurst mandamus pinson alabama West Alabama Glaze v State road rage birmingham alabama theft of property operation bullseye npr criminal justice reform, christian guitierez terell corey mcmullin Eutaw Alabama stanley brent chapman limestone county alabama capital offenses fake kidnapping, William Pryor street racing parole aziz sayyed LWOP fairfield alabama, § 13A-3-23(d) immunity hearing avondale alabama Guy Terrell Junior homicide rate maryland court of special appeals sheffield v state sixth amendment prostitution sting domestic abuse drug activity scotus huntsville alabama decatur alabama abuse mobile alabama oneonta alabama domestic violence baldwin county alabama brady v maryland criminal mischief serial clarence thomas tuscaloosa alabama bailey v us Samuel Alito john earle redfearn IV v state pell city alabama dothan alabama Shonda Walker, brendan dassey criminal justice drug possession, abduction alabama law enforcement agency narcotics investigation cullman alabama foley alabama albertville alabama bomb threat aiding and abetting gadsden alabama concealed carry underage drinking alabama criminal law roundup editorial Sardis Alabama smith v state social media



These recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among  other factors. Furthermore, no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Get Free Legal Advice  Contact us for a complimentary legal consultation

I am interested in scheduling a free legal consultation and receiving additional information.

Submitting Form...

The server encountered an error.

Thank you, your  entry has been  received.

© 2017 The Law Office of J.D. Lloyd, LLC. All Rights Reserved. |


As required by Rule 7.2(e), Alabama Rules of Professional Conduct, no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.