Supreme Court of Alabama

Ex Parte State of Alabama. (in Re Sean Travis Howard v. State of Alabama)

October 21, 20112011 Ala. LEXIS 184

Summary

The Supreme Court of Alabama held that the trial court was not required to instruct the jury on manslaughter because the evidence showed that Howard intentionally fired multiple shots toward an intended target near children, conduct fitting reckless murder rather than manslaughter. It therefore reversed the Court of Criminal Appeals' judgment and remanded the case for further proceedings. Justice Murdock, dissenting, would have affirmed because the limited evidence left the degree of recklessness for the jury to decide.