Alabama Criminal Caselaw Summaries – August 2023

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Max Power

Max Power is the Editor-in-Chief of Undoing Time.  You can reach him at info@undoingtime.org or by calling 866-664-3052

 

Alabama Supreme Court Building (Wikimedia creative common license)

In today’s Alabama Criminal Caselaw Roundup we’ll be discussing the latest developments of Alabama criminal law, criminal appeals, and post-conviction relief.

Cases we’ll cover include jurisdiction, postconviction relief, trafficking cocaine, probation, illegal sentence, Rule 32, Double Jeopardy, late appeal, possession of drug paraphernalia, trial de novo, predatory police practices, and more.

The Alabama Criminal Caselaw Roundup is a blog and video podcast summarizing the latest developments in criminal law, criminal appeals, and post-conviction relief in the State of Alabama.  We digest the latest reversed convictions throughout the Alabama Supreme Court and the Alabama Court of Criminal Appeals

This is a FREE service designed to report to you the cutting edge of developments in Alabama criminal law, appeals, and post-conviction relief.

ALABAMA SUPREME COURT

No reversals reported.

ALABAMA COURT OF CRIMINAL APPEALS

CLICK TO READ State of Alabama v. Prentice D. Tanniehill, Docket # CR-2022-1121

In this appeal, the Court considered whether the Circuit Court had jurisdiction to grant relief on Prentice D. Tanniehill’s postconviction claim alleging that the sentence on his 2013 guilty-plea conviction was illegal. Because Tanniehill’s sentence ended before he challenged it, the Circuit Court did not have jurisdiction to vacate the sentence on which that sentence was based.  As a result, the order granting postconviction relief was reversed.

Defendant pled guilty in 2013 to trafficking cocaine and was sentenced to 2 years imprisonment and 3 years probation.  He completed his probation in November, 2018, and filed a petition for postconviction relief in 2021, challenging the legality of his conviction and sentence.  The court granted the petition and set aside his conviction and sentence.  The State appealed.

Relying on cases from New York and Florida, the Court of Criminal Appeals held that Alabama courts lack jurisdiction to modify a conviction or sentence after a sentence is completed under the Double Jeopardy clause of the Constitution.

CLICK TO READ Antuan Deteiro Johnson v. State of Alabama, Docket # CR-2023-0287

Defendant appealed his summary dismissal of his petition for postconviction relief pursuant to Rule 32 of the Alabama Rules of Criminal Procedure, in which he requested an out-of-time appeal from the summary dismissal of a previous Rule 32 petition.  Defendant was convicted in 2019 of felony murder and sentenced to 99 years imprisonment.  His conviction was affirmed on direct appeal.  He filed a Rule 32 petition which was denied on January 12, 2021.  In November, 2021, through counsel, he filed a new Rule 32 petition, alleging he never learned of the denial of his original petition and was never served with the order denying his petition.  He asked for permission to file a late appeal.  The Circuit Court denied the petition as successive.

The Court of Criminal Appeals reversed, finding that it was not successive because it was the first time he had requested the specific relief of filing a late appeal.  Additionally, Defendant should have been afforded an opportunity to prove his claim that he was never properly served with the original order.

Order reversed, case remanded for a hearing.

CLICK TO READ Town of Brookside v. Brandon Stephen Newton, Docket # CR-2023-0059

Defendant was charged with possession of drug paraphernalia, second-degree possession of marijuana, and speeding, which arose from a traffic stop.  The municipal court found Newton guilty as charged, and he appealed to the Jefferson Circuit Court for a trial de novo.  Defendant filed a motion to dismiss, arguing his stop was the product of predatory police practices, and the Circuit Court granted the motion, ruling “Due to the lack of credibility and public trust of the Brookside Police Department under previous police leadership, all cases where the sole witness to the offense is a Brookside Police Officer will be met with heavy scrutiny by this Court.”  The Town appealed.

The Court of Criminal Appeals reversed, finding that the Circuit Court exceeded its authority under Rule 13.5 of the Alabama Rules of Criminal Procedure.  The case was reinstated.

CLICK TO READ Town of Brookside v. Leah Nicole Gengler, Docket # CR-2023-0061

This decision was essentially the same as Town of Brookside v. Brandon Stephen Newton, Docket # CR-2023-0059, with the same outcome.

List of Decisions

The following is a list of decisions from the Alabama Supreme Court and the Alabama Court of Criminal Appeals.  Summaries of the reversed convictions appear above.

ALABAMA SUPREME COURT

Supreme Court Release List – August 11, 2023

SC-2023-0326

Ex parte Paul Mason Trull. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Paul Mason Trull v. State of Alabama)(Blount Circuit Court: CC-15-274.60; Criminal Appeals: CR-21-0213).

Certiorari Pre Examination Decision – Writ Denied. No Opinion.

Order – Distributed

SC-2023-0438

Ex parte Derrick D. Peterson PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Derrick D. Peterson v. State of Alabama)(Jefferson Circuit Court: CC-20-673, CC-20-674, and CC-20-675; Criminal Appeals: CR-2022-0642).

Certiorari Pre Examination Decision – Writ Denied. No Opinion.

Order – Distributed

SC-2023-0345

Ex parte Michael Carvese Williams. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Michael Carvese Williams v. State of Alabama) (Jefferson Circuit Court, Bessemer Division: CC-16-665, CC-16-666, CC-16-667, CC-16-668, CC-16-669, CC-16-670, CC-16-671, CC-16-672, and CC-16-673; Criminal Appeals: CR-2022-0543).

Certiorari Pre Examination Decision – Writ Denied. No Opinion. (Special Writing)

Order – Distributed

SC-2023-0400

Ex parte Erin Leanne Kelley. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS (In re: Erin Leanne Kelley v. Kale Brandon Kelley) (Baldwin Circuit Court: DR-19-901031; Civil Appeals: 2210145).

Certiorari Pre Examination Decision – Writ Denied. No Opinion.

Order – Distributed

SC-2023-0472

Ex parte T.C. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS (In re: T.C. v. M.C.) (Houston Juvenile Court: JU-19-871.02; Civil Appeals: CL-2022-1014).

Certiorari Pre Examination Decision – Writ Denied. No Opinion.

Order – Distributed

SC-2023-0473

Ex parte T.C. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS (In re: T.C. v. M.C.) (Houston Juvenile Court: JU-19-872.02; Civil Appeals: CL-2022-1015).

Certiorari Pre Examination Decision – Writ Denied. No Opinion.

Order – Distributed

SC-2023-0474

Ex parte T.C. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS (In re: T.C. v. M.C.) (Houston Juvenile Court: JU-19-873.02; Civil Appeals: CL-2022-1016).

Certiorari Pre Examination Decision – Writ Denied. No Opinion.

Order – Distributed

SC-2023-0480

Ex parte Anthony C. Wu PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Anthony C. Wu v. State of Alabama) ( Madison Circuit Court: CC-19-3532; Criminal Appeals: CR-2022-0659).

Certiorari Pre Examination Decision – Writ Denied. No Opinion.

Order – Distributed

SC-2023-0486

Ex parte Walter Terrance Miles. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Walter Terrance Miles v. State of Alabama)(Montgomery Circuit Court: CC-14-1202.60; Criminal Appeals: CR-21-0069).

Certiorari Pre Examination Decision – Writ Denied. No Opinion.

Order – Distributed

SC-2023-0371

Ex parte Antonio Jerido. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Ex parte Antonio Jerido (In re: State of Alabama v. Antonia Jerido))(Elmore Circuit Court: CC-09-513.64; Criminal Appeals: CR-2023-0189).

Certiorari Pre Examination Decision – Writ Denied. No Opinion.

Order – Distributed

SC-2023-0477

Ex parte Roger Dale Frazier. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Roger Dale Frazier v. State of Alabama)(Jefferson Circuit Court: CC-95-5542.64; Criminal Appeals: CR-2022-0991).

Certiorari Pre Examination Decision – Writ Denied. No Opinion.

Order – Distributed

SC-2023-0324

Ex parte Charles C. McCrory PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Charles C. McCrory v. State of Alabama)(Covington Circuit Court: CC-85-164.61; Criminal Appeals: CR-21-0487)

Certiorari Pre Examination Decision – Writ Denied. No Opinion.

Order – Distributed

SC-2023-0483

Ex parte Jessie James Sharp, Jr. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Jessie James Sharp v. Alabama Department of Corrections et al) (Montgomery Circuit Court: CV-22-332; Criminal Appeals: CR-2023-0119).

Certiorari Pre Examination Decision – Writ Denied. No Opinion.

Order – Distributed

SC-2023-0323

Ex parte Jessie James Altman, Jr. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Jessie James Altman, Jr. v. State of Alabama) (Etowah Circuit Court: CC-18-781; Criminal Appeals: CR-20-0815).

Certiorari Pre Examination Decision – Writ Denied. No Opinion.

Order – Distributed

SC-2023-0411

Ex parte Jamorris Cage. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Jamorris Cage v. State of Alabama) (Mobile Circuit Court: CC-21-3514; Criminal Appeals: CR-2022-1240).

Certiorari Pre Examination Decision – Writ Denied. No Opinion.

Order – Distributed

SC-2023-0475

Ex parte Marc Wayne Holiday PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Marc Wayne Holliday v. State of Alabama) ( Chilton Circuit Court: CC-07-166.65; Criminal Appeals: CR-2022-1179.

Certiorari Pre Examination Decision – Writ Denied. No Opinion.

Order – Distributed

SC-2023-0465

Ex parte Cody Bragg. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Cody Bragg v. State of Alabama)(Sumter Circuit Court: CC-17-57; Criminal Appeals: CR-21-0361).

Certiorari Pre Examination Decision – Writ Denied. No Opinion. (Special Writing)

Order – Distributed

SC-2023-0388

Ex parte Stephon Lindsay. PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: Stephon Lindsay v. State of Alabama) (Etowah Circuit Court: CC-13-652.60; Criminal Appeals: CR-2022-0662).

Certiorari Pre Examination Decision – Writ Denied. No Opinion.

Order – Distributed

ALABAMA COURT OF CRIMINAL APPEALS

Decisions Announced on Friday, August 11, 2023

PRESIDING JUDGE WINDOM

CR-2022-0914

Terrance Rashaun Moore v. State of Alabama (Appeal from Lamar Circuit Court: CC-21-64)

Decision – Affirmed by Memorandum on Return to Remand.

CR-2022-1007

Anthony Tyrone Jackson v. State of Alabama (Appeal from Calhoun County Circuit Court: CC-15-729)

Decision – Affirmed by Memorandum.

CR-2022-1026

George L. Sanders v. State of Alabama (Appeal from Autauga Circuit Court: CC-20-118)

Decision – Affirmed by Memorandum on Return to Remand.

CR-2022-1100

T.S.S. v. State of Alabama (Appeal from St. Clair Circuit Court: CC-18-192)

Decision – Affirmed by Memorandum on Return to Remand.

CR-2022-1246

E.W.G. v. State of Alabama (Appeal from Russell Circuit Court: CC-18-225, CC-18-226, and CC-18-227)

Decision – Affirmed by Memorandum.

CR-2022-1254

Antonio O’Bryan Scott v. State of Alabama (Appeal from Lee Circuit Court: CC-22-312)

Decision – Affirmed by Memorandum.

CR-2022-1350

Courtney Reshard Twilley v. State of Alabama (Appeal from Jefferson Circuit Court: CC-19-1917, CC-19-1918, and CC-19-1919)

Decision – Affirmed by Memorandum.

CR-2022-1381

Michael David Jackson v. State of Alabama (Appeal from Escambia Circuit Court: CC-20-170)

Decision – Affirmed by Memorandum.

CR-2023-0075

Joe Lewis Williams v. State of Alabama (Appeal from Tuscaloosa Circuit Court: CC-18-1513)

Decision – Affirmed by Memorandum.

CR-2023-0124

Lee Andrew Ephraim v. State of Alabama (Appeal from Autauga Circuit Court: CC-20-116)

Decision – Affirmed by Memorandum.

CR-2023-0192

Jesus Ceja v. State of Alabama (Appeal from Limestone Circuit Court: CC-18-534)

Decision – Affirmed by Memorandum.

CR-2023-0193

David Leon Jackson v. State of Alabama (Appeal from Madison Circuit Court: CC-22-1227.70)

Decision – Affirmed by Memorandum.

CR-2023-0212

Shannon Marie McConnell v. State of Alabama (Appeal from Lee Circuit Court: CC-20-557.70)

Decision – Affirmed by Memorandum.

CR-2023-0236

Sebastian Dyer Haddaway v. State of Alabama: (Appeal from Marion Circuit Court: CC-18-287.71)

Decision – Affirmed by Memorandum.

CR-2023-0365

Willie Kevin Williams v. State of Alabama (Appeal from Mobile Circuit Court: CC-11-2705.64, CC-11-2706.64, and CC-11-2707.64)

Decision – Affirmed by Memorandum.

JUDGE KELLUM

CR-2022-0753

Rodrecius Kenyon Ford v. State of Alabama (Appeal from Lee Circuit Court: CC-19-926)

Decision – Affirmed by Memorandum on Return to Remand.

CR-2022-0962

Jermaine Curtis Boswell v. State of Alabama (Appeal from Bessemer Division, Jefferson Circuit Court: CC-18-657 and CC-18-658)

Decision – Affirmed by Memorandum.

CR-2022-0965

Christopher Jarquis Guice v. State of Alabama (Appeal from Pike Circuit Court: CC-19-493, CC-19-494, CC-19-495, and CC-19-496)

Decision – Affirmed by Memorandum on Return to Remand.

CR-2022-1066

D.R.H. v. State of Alabama (Appeal from Lee Circuit Court: CC-21-868)

Decision – Affirmed by Memorandum.

CR-2022-1148

Reginald Thadeous Blevins v. State of Alabama (Appeal from Mobile Circuit Court: CC-20-1246)

Decision – Affirmed by Memorandum on Return to Remand.

CR-2022-1161

Eduardo Alexander Cuz-Hor v. State of Alabama (Appeal from Houston County: CC-21-1599 and CC-21-1600)

Decision – Affirmed by Memorandum.

CR-2022-1199

Alexander Carnado Sanders v. State of Alabama (Appeal from Montgomery Circuit Court: CC-19-1118).

Decision – Affirmed by Memorandum.

CR-2022-1312

William Richard Williams v. State of Alabama (Appeal from Mobile Circuit Court: CC-21-2219, CC-21-3092, and CC-21-3093)

Decision – Affirmed as to Case No. CC-21-3093 and Dismissed as to Case No. CC-21-2219 and Case No. 21-3092 by Memorandum.

CR-2022-1321

Domanek Jackson v. State of Alabama (Appeal from Madison Circuit Court: CC-19-4169)

Decision – Affirmed by Memorandum.

CR-2022-1354

Joshua Dwayne Ammons v. State of Alabama (Appeal from Tallapoosa Circuit Court: CC-19-77)

Decision – Affirmed by Memorandum.

CR-2022-1361

Veronica Wiggerfall v. State of Alabama (Appeal from Mobile Circuit Court: CC-18-5095)

Decision – Affirmed by Memorandum.

CR-2023-0069

Reginald Jermaine Byrd v. State of Alabama (Appeal from Lee Circuit Court: CC-21-838.70)

Decision – Affirmed by Memorandum.

CR-2023-0085

Leon Terrell Flowers v. State of Alabama (Appeal from Pike Circuit Court: CC-20-204)

Decision – Affirmed by Memorandum.

CR-2023-0088

Christopher Michael Chaviers v. State of Alabama (Appeal from DeKalb Circuit Court: CC-22-505)

Decision – Affirmed by Memorandum.

CR-2023-0092

Timothy Bryan Standfield v. State of Alabama (Appeal from Lauderdale Circuit Court: CC-15-535.62)

Decision – Affirmed by Memorandum.

CR-2023-0215

Mitchell Bernard Johnson v. State of Alabama (Appeal from Pike Circuit Court: CC-11-174.62; CC-11-175.62)

Decision – Affirmed by Memorandum.

CR-2023-0230

Jossie Cheyenne Bowen v. State of Alabama (Appeal from Marshall Circuit Court: CC-20-239.70)

Decision – Affirmed by Memorandum.

JUDGE MCCOOL

CR-2022-0571

Kenneth Alan Vandusen v. State of Alabama (Appeal from Randolph Circuit Court: CC-21-84)

Decision – Affirmed by Memorandum on Return to Remand.

CR-2022-0746

Dennis Long v. State of Alabama (Appeal from Elmore Circuit Court: CC-18-663.60)

Decision – Affirmed by Memorandum.

CR-2022-0819

Todd Wayne Fye v. State of Alabama (Appeal from Houston Circuit Court: CC-17-1131 through CC-17-1309)

Decision – Affirmed by Memorandum.

CR-2022-0969

Clavon Williams v. Alabama Board of Pardons and Paroles (Appeal from Montgomery Circuit Court: CV-22-49)

Decision – Affirmed by Memorandum.

CR-2022-1173

Justin Latrell Upshaw v. State of Alabama (Appeal from Lee Circuit Court: CC-21-664)

Decision – Affirmed by Memorandum.

CR-2022-1242

Johann Vidal McCree v. State of Alabama (Appeal from Mobile Circuit Court: CC-20-2645.70, CC-21-02.70, CC-21-2104.70, and CC-21-2105.70)

Decision – Affirmed by Memorandum.

CR-2023-0066

Ontario Darnell Stewart v. State of Alabama (Appeal from Mobile Circuit Court: CC-18-1701.73)

Decision – Affirmed by Memorandum.

JUDGE COLE

CR-200359

Terrance Devonte Cobb v. State of Alabama (Appeal from Elmore Circuit Court: CC-19-560)

Decision – Dismissed by Memorandum on Return to Second Remand.

CR-200686

A.J.C. v. State of Alabama. (Appeal from Madison Circuit Court: CC-19-1977)

Decision – Affirmed by Memorandum on Return to Second Remand.

CR-210323

Randy Earl Britford v. State of Alabama (Appeal from Tuscaloosa Circuit Court: CC-18-1411)

Decision – Affirmed by Memorandum.

CR-210330

Jessie Lynn Simmons v. State of Alabama (Appeal from Lee Circuit Court: CC19-387)

Decision – Affirmed by Memorandum.

CR-210388

Zachary Stephen Nichols v. State of Alabama (Appeal from Lee Circuit Court: CC-19-502)

Decision – Affirmed by Memorandum.

CR-210398

Carnel Jackson v. State of Alabama (Appeal from Jefferson Circuit Court: CC-81-887)

Decision – Affirmed by Memorandum.

CR-210485

Cardalle Bruce Osby v. State of Alabama (Appeal from Jefferson Circuit Court: CC-18-1701, CC-18-1702, and CC-18-1703)

Decision – Affirmed by Memorandum.

CR-2022-0585

Anthony Dale Johnson v. State of Alabama (Appeal from Coffee Circuit Court: CC19-55)

Decision – Affirmed by Memorandum.

CR-2022-0606

D.A.C. v. State of Alabama (Appeal from Shelby Juvenile Court: JU-21-477.01)

Decision – Affirmed by Memorandum.

CR-2022-0614

Steven Russell Caldwell, Jr. v. State of Alabama (Appeal from Barbour Circuit Court: CC-18-61)

Decision – Affirmed by Memorandum.

CR-2022-0862

Cameron Devante Broxton v. State of Alabama (Appeal from Madison Circuit Court: CC-17-2312.71)

Decision – Affirmed by Memorandum.

CR-2022-0956

William Rodeshia Stoutamire v. State of Alabama (Appeal from Covington Circuit Court: CC-21-83)

Decision – Affirmed by Memorandum.

CR-2022-0985

Anthony Blake Sheppard v. State of Alabama Pike Circuit Court: CC-22-5.70 and CC-22-6.70)

Decision – Affirmed by Memorandum.

CR-2022-1093

Ronald Gholston v. Alabama Board of Pardons and Paroles (Appeal from Montgomery Circuit Court: CV-22-73)

Decision – Affirmed by Memorandum.

CR-2022-1143

Jonathan Marquette Williams v. State of Alabama Tuscaloosa Circuit Court: CC-15-1129.71)

Decision – Affirmed by Memorandum.

CR-2022-1334

Grayson Ellington Letlow v. City of Auburn (Appeal from Lee Circuit Court: CC-22-585, CC-22-586, CC-22-587, and CC-22-588)

Decision – Affirmed by Memorandum.

CR-2023-0095

Anthony Jerome Starks v. State of Alabama (Appeal from Pike Circuit Court: CC-17-145.71)

Decision – Affirmed by Memorandum.

CR-2023-0101

Danny Foster, Sr. v. Alabama Department of Corrections (Appeal from Barbour Circuit Court: CV-22-20)

Decision – Affirmed by Memorandum.

CR-2023-0161

Antonio Smith v. Alabama Board of Pardons and Paroles (Appeal from Montgomery Circuit Court: CV22-901198)

Decision – Affirmed by Memorandum.

JUDGE MINOR

CR-210150

Hollis Jerry Lang v. State of Alabama (Appeal from Shelby Circuit Court: CC-17-839)

Decision – Affirmed by Memorandum.

CR-210433

Lonnie Harold Newsome v. State of Alabama (Appeal from Cherokee Circuit Court: CC-21-135 and CC-21-136).

Decision – Affirmed by Memorandum.

CR-2022-0528

Alvontae Devecio Morgan v. State of Alabama (Appeal from Madison Circuit Court: CC-18-3827.70).

Decision – Affirmed by Memorandum.

CR-2022-0766

Willie Lee Addison, III v. State of Alabama (Appeal from Montgomery Circuit Court: CC-18-471)

Decision – Affirmed by Memorandum.

CR-2022-0830

Trenton Davis Thornton v. State of Alabama (Appeal from Mobile Circuit Court: CC-20-2603)

Decision – Affirmed by Memorandum.

CR-2022-0926

Robert Lee Spires v. State of Alabama (Appeal from Etowah Circuit Court: CC-17-322.71)

Decision – Affirmed by Memorandum.

CR-2022-1147

Shanon Facin v. State of Alabama (Appeal from Mobile Circuit Court: CC-19-4497.70 and CC-19-4498.70)

Decision – Affirmed by Memorandum.

CR-2022-1248

Dustin Grant Ward v. State of Alabama (Appeal from Morgan Circuit Court: CC-22-380)

Decision – Affirmed by Memorandum.

CR-2022-1268

Xavier Tavaris Young v. State of Alabama (Appeal from Limestone Circuit Court: CC-19-136)

Decision – Affirmed by Memorandum.

CR-2023-0160

Ex parte William Eric Wooden (In re: State of Alabama v. William Eric Wooden) (Madison Circuit Court: CC-19-3035)

Decision – Petition Denied by Memorandum.

CR-2023-0260

Joshua Ray Lawson v. State of Alabama (Appeal from Covington Circuit Court: CC-17-80.70)

Decision – Affirmed by Memorandum.

PER CURIAM

CR-2022-1185

Randy Wayne Edwards v. State of Alabama (Appeal from Madison Circuit Court: CC-18-1047.70 and CC-18-3781.70)

Decision – Affirmed by Memorandum.

ON REHEARING

CR-200844

State of Alabama v. Kenyata Demetris Burton (Appeal from Calhoun Circuit Court: CC-15-1494)

Application for Rehearing Overruled.

Rehearing Notice

CR-210222

Charles David Merchant v. State of Alabama (Appeal from Lamar Circuit Court: CC-03-111.60)

Application for Rehearing Overruled.

Rehearing Notice

CR-2022-0683

Amir G. James v. State of Alabama (Appeal from Autauga Circuit Court: CC-20-113)

Application for Rehearing Overruled.

Rehearing Notice

CR-2022-1055

Barry L. Robinson v. State of Alabama (Appeal from Madison Circuit Court: CC-91-1828.62)

Application for Rehearing Overruled.

Rehearing Notice

Decisions Announced on Friday, August 18, 2023

PRESIDING JUDGE WINDOM

CR-2023-0059

Town of Brookside v. Brandon Stephen Newton (Appeal from Jefferson Circuit Court: CC-22-1839, CC-22-1840, and CC-22-1841)

Decision – Reversed and Remanded.

JUDGE KELLUM

CR-210283

Michael Dale Iervolino v. State of Alabama (Appeal from St. Clair Circuit Court: CC-20-426)

Decision – Affirmed.

CR-2022-0789

Nathan Dwayne Thomas v. State of Alabama (Appeal from Montgomery Circuit Court: CC-18-1330)

Decision – Affirmed.

CR-2022-1003

State of Alabama v. Terrence Shaw (Appeal from Perry Circuit Court: CC-17-900013)

Decision – Dismissed in Part; Affirmed.

CR-2023-0287

Antuan Deteiro Johnson v. State of Alabama (Appeal from Montgomery Circuit Court: CC-19-502.61)

Decision – Remanded with Instructions.

JUDGE MCCOOL

CR-210148

Jerry Dwayne Bohannon v. State of Alabama (Appeal from Mobile Circuit Court: CC-11-2989.60)

Decision – Affirmed.

CR-210423

Eric Lamont Harrison v. State of Alabama (Appeal from Jefferson Circuit Court: CC-19-471)

Decision – Affirmed.

CR-2023-0061

Town of Brookside v. Leah Nicole Gengler (Appeal from Jefferson Circuit Court: CC-22-1842 and CC-22-1843)

Decision – Reversed and Remanded.

JUDGE MINOR

CR-200654

Evan Miller v. State of Alabama (Appeal from Lawrence Circuit Court: CC-06-68)

Decision – Affirmed.

CR-2022-1121

State of Alabama v. Prentice D. Tanniehill (Appeal from Jefferson Circuit Court: CC-12-3126.60)

Decision – Reversed and Remanded.

ON REHEARING

CR-200537

Peter Capote v. State of Alabama (Appeal from Colbert Circuit Court: CC-16-340.60)

Application for Rehearing Overruled; Opinion of May 5, 2023, Withdrawn; Opinion Substituted; Affirmed.

CR-210061

Gordon Douglas Lawrence v. State of Alabama (Appeal from Covington Circuit Court: CC-19-113.73)

Application for Rehearing Overruled; Opinion of February 10, 2023, Withdrawn; Opinion Substituted; Affirmed.

Decisions Announced on Friday, August 25, 2023

CR-210400

LaForest Carmichael v. State of Alabama (Appeal from Calhoun Circuit Court: CC-16-2162.60, CC-16-2163.60, CC-16-2164.60, and CC-16-2165.60)

Application for Rehearing Overruled.

CR-2022-1268

Xavier Tavaris Young v. State of Alabama (Appeal from Limestone Circuit Court: CC-19-136)

Application for Rehearing Overruled.

CR-2023-0192

Jesus Ceja v. State of Alabama (Appeal from Limestone Circuit Court: CC-18-534)

Application for Rehearing Overruled.

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