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
In today’s Alabama Criminal Caselaw Roundup we’ll be discussing the latest in developments of Alabama criminal law, criminal appeals, and post-conviction relief.
Cases we’ll cover include violation of probation, First Degree Promoting Prison Contraband, Alabama Code § 13A-10-36, Discharging a Firearm into an Occupied Vehicle, First Degree Assault, hearsay, insufficient evidence, corroboration, trial de novo, recusal, motion to dismiss, 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 New Alabama. Each week we digest the latest reversed convictions throughout the Alabama Court of Appeals and the Alabama Supreme Court.
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 Markis Antwuan Watts v. State of Alabama, Docket # CR-2023-0338
Defendant pled guilty to First Degree Promoting Prison Contraband, Alabama Code § 13A-10-36, and was sentenced to 15 years’ imprisonment, split to serve 1 year imprisonment followed by 2 years of probation. While he was on probation, a warrant was issued for Watts’s arrest because he had allegedly violated his probation by committing the crimes of Discharging a Firearm into an Occupied Vehicle and First Degree Assault. The court set a hearing for the probation revocation hearing.
At the hearing, Defendant denied he committed the two new offenses. The State called one witness, a detective from the Montgomery Police Department, who testified that he investigated a shooting in which a person was shot in the eye while sitting in a parked car outside Defendant’s ex-girlfriend’s home. He also testified that the ex-girlfriend had told him that Defendant had threatened her prior to the shooting, and witnesses Defendant shooting at the victim’s car at a later point.
At the close of the evidence, Watts argued that the evidence was insufficient to revoke his probation for committing the two new offenses, arguing that the sole evidence was hearsay and there was no substantive evidence. The court rejected this argument and found Defendant in violation of probation.
The Court of Criminal Appeals reversed, finding that the evidence was insufficient to establish Defendant was the person who committed the offenses. The only first-hand knowledge of the detective who testified was that he saw the complainant’s injury, he saw 9 mm shell casings at the scene, and that when Defendant was arrested, nothing was found in his car and he made no incriminating statements. The only evidence connecting Defendant to the crimes was hearsay which was uncorroborated.
Violation of probation reversed, case remanded.
CLICK TO READ Town of Brookside v. Alazae Alexius Hester-Taylor, Docket # CR-2022-1082
Defendant was charged with following too closely, see § 32-5A-89, Ala. Code 1975, second-degree possession of marijuana, see § 13A-12-214, Ala. Code 1975, possession of drug paraphernalia, see § 13A-12-260, Ala. Code 1975, and possessing a firearm while being a person forbidden to possess a firearm, see § 13A-11-72, Ala. Code 1975. The charges arose from a traffic stop. The municipal court found Defendant guilty, and he appealed to the Jefferson Circuit Court for a trial de novo.
The Town moved to recuse Judge Shanta C. Owens for all pending and future appeals involving the Town to be assigned to a different judge. The Town cited other appeals involving the Town in which Judge Owens had ruled that “all cases where the sole witness to the offense is a Brookside Police Officer will be met with heavy scrutiny.” The court denied the motion.
Defendant moved the circuit court to dismiss all the charges, and the court granted the motion. The Town appealed.
The Court of Criminal Appeals reversed and reinstated the charges, finding the circuit court exceeded its authority and the court made a pretrial determination regarding the credibility of the witnesses and the sufficiency of the Town’s evidence.
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