Supreme Court of Alabama

Ex Parte James Lavondria Tunstall Petition for Writ of Certiorari to the Court of Criminal Appeals (in Re: James…

December 22, 2023

Summary

The Supreme Court of Alabama denied the petition for a writ of certiorari, while Chief Justice Parker dissented. The dissent argues that the lower courts erred in permitting a heat‑of‑passion manslaughter instruction both when the alleged provocation was merely verbal and when it was based on gunfire, conflicting with prior precedent and the statutory presumption of self‑defense.