Supreme Court of Alabama

Ex Parte J.c. Franklin Samuels. (in Re J.c. Franklin Samuels v. State of Alabama)

September 26, 20142014 Ala. LEXIS 159

Summary

The Supreme Court of Alabama denied the petition for a writ of certiorari without an opinion, while Chief Justice Moore dissented, arguing that the petition raised a meritorious issue concerning an erroneous self‑defense jury instruction. The dissent contends that the objection to the instruction was sufficiently specific and that the instruction conflicted with the statutory presumption of justification under §13A‑3‑23, warranting grant of the writ.