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

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

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.