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.


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


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



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.