Supreme Court of Alabama
Ex Parte John Alfred Harper. (in Re John Alfred Harper v. State of Alabama)
February 13, 2015189 So. 3d 1
Summary
The Alabama Supreme Court reversed the Court of Criminal Appeals and remanded for the circuit court to reconsider John Alfred Harper’s Kirby motion, holding that a denial based solely on the statutory designation of his underlying offense without considering all statutory factors violates § 13A‑5‑9.1. Justice Stuart dissented, arguing the record does not show the circuit court refused to consider the evidence, and two justices concurred in the result.