Supreme Court of Alabama

Ex Parte Larry Dunaway. (in Re Larry Dunaway v. State of Alabama)

April 18, 2014198 So. 3d 567

Summary

The court held that undisclosed information about two jurors created probable prejudice because the information could have caused defense counsel to exercise challenges that were otherwise forgone. It reversed the Court of Criminal Appeals and remanded for proceedings consistent with that conclusion, while declining to address the remaining nondisclosure and ineffective-assistance claims. Chief Justice Moore, dissenting, would have deferred to the trial court and upheld its finding that the nondisclosures did not probably prejudice Dunaway.