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


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



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.