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

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

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.