Supreme Court of Alabama

Ex Parte Jennifer Watters. (in Re: State of Alabama v. Jennifer Watters)

October 21, 2016220 So. 3d 1093

Summary

The Alabama Supreme Court granted Jennifer Watters’ petition for a writ of mandamus, ordering the Jefferson Circuit Court to hold a pre‑trial evidentiary hearing on her claim of self‑defense immunity under §13A‑3‑23(d). The Court held that the statute creates a clear right to such a hearing before trial and that the trial court erred by postponing the determination. The decision was issued after de novo review of the mandamus petition.