Qualls v. State

For the reasons expressed in the main opinion and in Judge Shaw's special writing, I agree that Mixon v. State,596 So.2d 605 (Ala.Crim.App. 1991), should be overruled insofar as it establishes a three-pronged test to be used in every case in conducting a harmless-error analysis of a Doyle violation. Nevertheless, I believe that the three criteria set forth inMixon still provide a guideline for discerning whether the error was harmless. Thus, for the reasons set forth below I believe that the violation of Kenneth Qualls's right to remain silent was not harmless error. Therefore, I must…