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

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

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.