Supreme Court of Alabama

Ex Parte Kendall Tewayne Johnson. Petition for Writ of Mandamus (in Re: State of Alabama v. Kendall Tewayne Johsnon)…

December 15, 2023

Summary

The Supreme Court of Alabama held that Kendall Johnson was entitled to pretrial self-defense immunity because the stipulated facts established that his uncle initiated the shooting and that Johnson returned fire while retreating or attempting to take cover. The court rejected the trial court's conclusions that Johnson was an initial aggressor, was required to retreat because he carried an unlicensed pistol, or was presumed to have intended murder based on that possession. The court granted mandamus relief and directed the trial court to grant immunity.