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


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



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.