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.

Court of Criminal Appeal Releases from March 17, 2017

J.D. Lloyd - Monday, March 27, 2017

 

Keith v. State (CR-15-1319)

Keith pleaded guilty to unlawful possession of a controlled substance and first-degree unlawful possession of marijuana after police found drugs under the front seat of his car during an inventory search. Officers pulled Keith over when they ran his license plate and realized the tag didn’t match his car. When they ran Keith’s ID, they discovered he had outstanding warrants and placed him under arrest. His car was searched as an inventory search and the drugs were found inside. Keith moved to suppress on the grounds that the search was improper warrantless search.

REVERSED. The Court concluded that the State failed to show that inventory search was carried out “according to standard criteria and on the basis of something other than suspicion of criminal activity.” The Court focused on Ex parte Boyd, 542 So. 2d 1276 (Ala. 1989), where the Alabama Supreme Court concluded that an inventory search was not valid because there was no evidence that law enforcement carried out the search pursuant to policy. Here, the Court found the same deficiencies that the Boyd court found: conclusory statements regarding following inventory policy, a lack of an inventory list, no copy of the policy was presented, and no evidence the officer followed that policy. Judge Joiner wrote a lengthy dissent.

 

Thoughts: I wouldn’t be surprised to see the Alabama Supreme Court take this issue up and ask for clarification for inventory searches andBoyd’s lasting effect. To me, inventory search precedent focuses on whether officers can show a search really was an administrative search and not a fishing expedition.

 

Sheffield v. State (CR-15-1467)

Sheffield was convicted of murder. He argued that he shot the victim in self-defense or by accident. At trial, the State introduced a recording of a heated phone conversation between the defendant and his wife, which was pretty damning to the defense -- she basically said he murdered the victim and didn’t act in self defense. Sheffield tried to invoke martial privilege to exclude the conversation, but the court allowed its introduction via Rule 804(b)(3) -- statements against interest. The State’s theory was that it was against the spouse’s interest for Sheffield to get convicted of murder.

REVERSED. The Court acknowledged that this was a question of first impression -- whether a declarant’s statements made against her spouse’s penal interest may also be considered against her own pecuniary or proprietary interest. In looking at Oregon case law, the Court concluded that the test as to whether a statement fits within the purview of Rule 804(b)(3) comes down to two central questions: (1) Was the declarant’s primary motive in making the statement to hurt or help her own interest; and (2) Was the risk to the declarant-spouse so great that the statements are inherently reliable? Here, the Court concluded the statements were not against Sheffield’s spouse’s interest (she wanted to divorce him), so they should not have been admitted under Rule 804(b)(3). Moreover, the Court concluded that this error wasn’t harmless given slight evidence presented surrounding the fatal moments.

 

Smith v. State (CR13-0055)

Smith was convicted of two counts of capital murder for a brutal kidnapping-murder/robbery-murder he carried out. At sentencing, the victim’s mother and sister testified that they believed the death penalty was an appropriate punishment for Smith. Smith argued on appeal that this testimony was improper.

CONVICTION AFFIRMED; SENTENCE VACATED. The Court concluded the victim’s family’s recommendations were improper victim impact statements regarding recommended sentences under Booth v. Maryland. The Court found these statements to be plain error and vacated the death sentence.

Thoughts: I’m not going to be surprised if this gets reversed by the AL SC saying that this error didn’t rise to the level of plain error. I could see the AL SC using Judge Windom’s dissent as a blue print for re-imposing Smith’s death sentence.

 

Legendre v. State (CR-16-0008)

Legendre was on probation and his PO filed a delinquency report alleging that he failed to report, left the state without permission, didn’t pay supervision fees, failed to pay court-ordered moneys, failed to report to CRO and failed to complete a court-ordered substance abuse program. At the hearing, the PO testified to trying to contact Legendre and how Legendre had missed meetings with her. In revoking, the court concluded that Legendre’s failure to report rose to the level of “absconding,” which allowed the court to fully revoke his probation. Legendre appealed claiming that he had not absconded.

AFFIRMED. The Court concluded that between his failure to report and his failure to communicate with the PO once she had contacted, the State presented sufficient evidence to prove that Legendre absconded and could be fully revoke.

 

Banville v. State (CR-15-1384)

The preclusive bar of Rule 32.2(d) does not bar a second Rule 32 petition if the first Rule 32 petition was based only upon Rule 32.1(f) -- a request to file an out-of-time appeal.

 

Campbell v. State (CR-15-1187)

Stoves v. State (CR-14-1687)

Both of these cases involved a reversal of one conviction on Double Jeopardy grounds (i.e., duplicate offenses), but an affirming of the remaining counts. Both are fact-intensive and not particularly noteworthy.

 

 

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

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

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.