CALL 205.538.3340

The Law Office of J.D. Lloyd Logo

AfterTheTrial.com... Because There’s Hope After the Trial

BLOG

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


Tags

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

Archive

DISCLAIMER

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.