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


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



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.