Ex Parte State of Alabama. (in Re Eric Lemont Higdon v. State of Alabama)

Summary

The Alabama Supreme Court overruled Ex parte J.A.P., holding that evidence of an implied threat may satisfy the element of forcible compulsion regardless of the defendant’s age, and reversed the Court of Criminal Appeals’ judgment, remanding for further proceedings. The Court applied a de novo standard to the pure question of law. Justice Moore dissented, arguing the Court was legislating, while Justice Shaw concurred fully.