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Murder Conviction Overturned; DA Vows Retrial

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The Limestone County District Attorney has stated that he will retry a man after the defendant’s 2012 murder conviction was overturned on appeal. The appeals court stated that the jury had been improperly instructed.

41-year-old Keith George was sentenced to 50 years in prison following the 2009 shooting death of his 26-year-old nephew Rusty George at a house party in Ardmore. But an appellate court later ruled that the jury received no instructions concerning Alabama’s somewhat-maligned “stand your ground” law. How the incident began is hotly disputed and has a direct bearing on the legitimacy of Keith’s defense of self-defense. Keith claims that he was trying to stop Rusty from driving home drunk in a pickup truck, while other witnesses stated that Keith was angry because Rusty had bought the truck from Keith and that Rusty had not paid in full.

Alabama law

Alabama’s stand-your-ground law states that, in most circumstances, a person has no duty to retreat from a place that the person has a lawful right to be. Several other states have this type of law, or a similar “castle doctrine” law. In order for the defense to apply, the defendant must also establish more traditional elements of a self-defense defense:

  • The aggressor is using or about to use deadly force. A pickup truck or other motor vehicle can be considered as a deadly weapon in most instances.
  • The aggressor is using or about to use physical force against an occupant of a dwelling. The Georges were in the street, so this element is inapplicable.
  • The aggressor is attempting to commit a certain named offense, including kidnapping, first- or second-degree assault or forcible rape. Again, none of these elements apply in this case.

If you or a loved one has been accused of a crime, make sure your attorney knows about all the defenses that may be available. The attorneys at McPhillips Shinbaum have been defending homicide cases since 1978. They know the law, and they know how to sway a jury to your side. Contact McPhillips Shinbaum today to schedule your free consultation.

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Fatal Accident in Huntsville Raises Third-Party Liability Questions

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A father and son have both denied responsibility in a recent fatal traffic accident in Huntsville.

Court documents state that Richard Scarano allowed his son Gunner Scarano to drive the family truck. The younger Scarano was involved in a collision in south Huntsville that killed a 10-year-old boy and injured two others. The lawsuit names both father and son as defendants, alleging that Gunner caused the accident and that Richard negligently entrusted the vehicle to Gunner.

Third-party liability

This case illustrates the point that the person behind the wheel may not necessarily be the only responsible party. Given the high number of uninsured and underinsured motorists, third-party liability can be a very important component of your negligence case. A third party may be responsible for your injuries in several situations, among them:

  • Negligent entrustment becomes a factor if a person entrusts a vehicle to an incompetent or reckless driver — such as an underage or intoxicated driver — the entrusting party may be responsible for damages caused in an accident.
  • Respondeat superior applies if an employee commits a tort (such as an auto accident) during the course and scope of employment. Alabama has special definitions for each of these terms.
  • Dram shop liability, or saloon owner liability, comes into play if a shopkeeper either serves a minor or knowingly serves an intoxicated person, and that person subsequently causes an accident. A business owner may also be liable if a person was served alcohol “contrary to the provisions of law,” such as serving alcohol in a dry county.

The attorneys at McPhillips Shinbaum have been protecting the victims of motor vehicle collisions in Alabama since 1978. Call today to schedule your free consultation with an experienced attorney.

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Alabama Executes Man Convicted of 2005 Murder

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Alabama’s first execution since 2011 may have been tainted by several non-factual issues.

On July 26, 2013, 29-year-old Andrew Reid Lackey — the so-called “Halloween Killer” — died after receiving a lethal injection, which was his punishment for the 2005 assault and murder of 80-year-old Charles Newman. Mr. Lackey had dropped all of his appeals, and reportedly attempted suicide while on death row. Despite his seemingly obvious guilt, there were some rather serious questions surrounding the execution itself.

Punishment methods

The Eighth Amendment prohibits “cruel and unusual” punishment. There is no doubt that forced execution is both cruel and unusual, but whether execution violates the Constitution largely depends on the method. Methods such as death by hanging, which was once common in the United States, have been replaced by methods that are supposedly more humane. Most states once used Pancuronium bromide for use in lethal injections, but advocacy groups began to offer objections. They claimed that Pancuronium bromide’s hypnotic effect tended to mask the prisoner’s suffering and made onlookers believe that the process was less painful than it really was. In 2012, Texas became the first state to use Pentobarbital instead of Pancuronium bromide.

Executing mentally challenged prisoners

The Supreme Court has ruled that executing “mentally retarded” prisoners is indeed cruel and unusual punishment. It can be difficult to prove that a person is “mentally retarded,” especially since the state usually hires an expert who will almost certainly testify that the defendant had the sufficient mental capacity to understand his or her actions. The law in such situations is still developing.

At McPhillips Shinbaum, our criminal defense attorneys not only know the law. They help make the law, by aggressively pursuing appellate remedies wherever they are available in a criminal case. To see what a difference an experienced and aggressive criminal defense attorney can make, contact McPhillips Shinbaum to schedule your free consultation. Jail visits may be available.

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Two Teenagers Die In Collision With Large Truck

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A West Alabama football player died in an automobile accident over the Labor Day holiday weekend. Nineteen-year-old Anthony Robinson was traveling with his 12-year-old cousin on Highway 43 near Robinson’s hometown of Linden, Alabama when both were killed in a collision with an 18-wheeler.

In 2009, large trucks logged nearly three billion miles and caused nearly four thousand deaths. Even after 10 years of decline, large trucks still killed 73 Alabamans in 2009. Fully loaded trucks are simply so huge that they are very difficult, if not impossible, to stop suddenly. Some of the serious or mortal injuries that may result from collisions between a large truck and a passenger car or light tuck include:

  • Burns. If the large truck’s diesel fuel happens to catch fire, the fire can be much hotter and much more intense than a gasoline fire. Severe burns can mean a series of painful skin grafts. Many patients do not survive this procedure. Even if they do survive, there may be permanent disfiguring scars and other permanent injuries.
  • Crushed body parts. Because a large truck has such a hard time stopping, it frequently pushes the other vehicle like a snow plow until both vehicles come to rest against a bridge or embankment, or some other hard and unforgiving surface. By the time the first responders arrive and free the trapped occupants, their legs or arms may have been crushed by the car as it collapsed around them.
  • Severe trauma injuries. Even if the occupants are wearing seat belts and the air bags properly deploy, the sudden force of the impact can frequently cause head, neck and spinal injuries.

The attorneys at McPhillips Shinbaum conduct their business according to one guiding principle: dignity. That commitment means that our attorneys always treat you with the respect you deserve, whether that means promptly returning your phone calls or being as prepared as we can possibly be before we go into court. Contact McPhillips Shinbaum to schedule your free consultation.