Tag Archive for: appeals

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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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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.