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 - APRIL 2016

J.D. Lloyd - Friday, May 06, 2016


Eugene Lee Jones v. State (CR-14-1332)

 

Jones was convicted of manslaughter as a lesser-included offense of murder, stemming from him killing a woman he suspected of setting him up in a robbery. Jones voluntarily talked to investigators on July 29, 2013, in connection to the death, but eventually stopped the questioning when he invoked his right to counsel. Jones was arrested on an outstanding warrant out of Bessemer. Jones was eventually transported back to Lauderdale County on another warrant stemming from a charge unrelated to the homicide. While still in custody, Jones was asked to submit to a polygraph examination. Jones waived his Miranda rights, submitted to the polygraph, and subsequently made another statement in which he admitted that he strangled the victim. Jones moved to suppress this statement under Edwards v. AZ, 451 US 477 (1981) on the grounds that investigators improperly re-initiated contact after he had invoked his right to counsel. The circuit court denied the motion. AFFIRMED. Relying on MD v. Shatzer, 559 US 98 (2010), the CCA affirmed the denial of the motion to suppress on the grounds that “coercive effect” of re-initiation of interrogation wasn’t present in this case like it was in Edwards. Essentially, the Court held that if enough time has passed since the initial invocation of the right to counsel -- more than 14 days -- there is no presumptively problematic re-initiation as there was in Edwards.

 

Levins v. State (CR-15-0612)

 

Bell v. State (CR-15-0618)


The appellants in these two cases were two expungement petitioners who were denied relief at the circuit court level and asked the CCA to reverse the denials of their petitions. APPEALS DISMISSED One may only challenge the denial of their expungement petition by petitioning the Alabama Supreme Court for certiorari review of the denial of the petition for expungement.


John Earle Redfearn, IV v. State (CR-14-0500)

 

This case involved the denial of a motion to suppress drugs evidence recovered from Redfearn’s body. In February 2012, law enforcement obtained a search warrant of Redfearn’s residence based upon 2 controlled buys that occurred at the residence with Redfearn. Law enforcement executed the SW after they observed Redfearn drive away from the house. He was stopped several miles away while the search of the house was going on and taken back to the house by the detaining officers. While executing the warrant, Redfearn’s girlfriend arrived at the house and eventually told the officers that Redfearn keeps drugs on his person. An officer strip-searched Redfearn at the residence and recovered a bottle containing oxycodone pills in his underwear. Redfearn moved to suppress under Bailey v. US, 133 S.Ct. 1031 (2013). AFFIRMED. The CCA explained that while Bailey held that a suspect may be lawfully detained while police are conducting a search warrant only when the person is in the "immediate vicinity" of the place to be searched, Redfearn was properly detained because the police had probable cause to arrest him based upon the controlled buys previously carried out with Redfearn and observed by law enforcement.

 

Nathaniel Woods (CR-10-0695)


Alfonso Morris (CR-11-1925)


John Russell Calhoun (CR-14-0779)

In these three cases, the CCA affirmed the denial of Rule 32 relief for death-row inmates without holding evidentiary hearings. There’s not much that’s noteworthy in these opinions outside of the observation that the petitions were summarily denied because each petitioner failed to plead sufficient facts that, if proven true, could entitle them to relief. The vast majority of the factual claims in the three petitions were bare-boned factual allegations. In Woods and Morris, petitioners raised claims that trial counsel was ineffective for failing to present certain expert testimony at trial. The CCA affirmed the summary dismissal of these claims because the petitioner failed to identify an expert and what that expert’s testimony would have been at the pleading stage. It bears repeating that if you’re going to raise an IAC claim, in order to be entitled to a hearing, you have to give the circuit court sufficient factual allegations that the court can conclude that your claims could entitle you to relief if proven true. In the context of IAC based on the failure to call certain expert witnesses, you need to make a proffer as to who that expert would have been and what the testimony would have been at the pleading stage.

 

Brian Fredick Lucas (CR-14-0744)

 

Lucas was convicted of first-degree attempted sodomy by forcible compulsion and first-degree sexual abuse stemming from an incident in which he allegedly touched his step-daughter on the mouth with his penis while she was sleeping. The CCA reversed his first-degree sodomy conviction on the grounds that the State’s showing did not present evidence of forcible compulsion -- there was no threat by Lucas or evidence that his actions overcame her earnest resistance. The CCA did enter a judgment convicting Lucas of attempted sexual misconduct.

 

 

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

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

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.