Railey v. State

I respectfully dissent from the majority’s decision to quash the writ of certiorari. Jack Brian Railey was charged with murder for shooting and killing his girlfriend, Constance A. McClenny, during an argument. Although Railey was charged with murder, the trial court instructed the jury on the lesser-included offense of reckless manslaughter. The jury found Railey guilty of the lesser charge, and the trial judge sentenced Railey to 168 months in prison.

Railey appealed his conviction, arguing that the trial judge erroneously applied the provisions of § 13A-5-6(a)(5), Ala.Code 1975, *480Alabama’s…