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

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

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.