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


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



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.