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


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



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.