The Alabama Criminal Appeals Court reversed a delinquency adjudication involving possession of a firearm, finding that evidence of the firearm should have been suppressed in light of the illegal stop that took place when the police turned on his vehicle’s emergency lights without reasonable suspicion. The court stated in relevant part: “We hold that Cpl. Seibert lacked…
The Alabama Criminal Appeals Court reversed an adjudication of making a terrorist threat in the second degree based on insufficient evidence. The court stated in relevant part: “The definition of “threaten” in § 13A-10-242(2) specifically refers to three people. Subsection a. refers to the person who “makes [the] statement.” Subsection b. refers to the person to…
The Alabama Supreme Court reversed judgment based on the trial court unnecessarily admitting prior youthful offender adjudications and offered the following language in support. “It is doubtful whether evidence of Walton’s prior crimes was relevant at all, because that evidence did not seem to prove “any fact that is of consequence” to the resolution of the…
A sample motion from Alabama requesting a child-centered mens rea analysis that recognizes the well-established differences between adolescent and adult thought processes and the effect that such differences have on an actor’s state of mind. This motion bases its argument for a child-centered mens rea on reasoning as articulated in recent United States Supreme Court…