Miller v. City of Fairhope

On October 16, 2002, Latonya Denise Miller was convicted of harassment, a violation of § 13A-11-8(a), Ala. Code 1975. The trial court ordered Miller to serve 30 days in jail, but suspended the sentence and ordered that Miller remain on probation for 1 year. Miller moved for a judgment of acquittal at the close of the city attorney's case-in-chief and at the close of all the evidence; both motions were denied. This appeal followed.

On appeal, Miller argues that her conviction should be overturned because the statements she made do not amount to "fighting words." In response to Miller's brief,…