Legal Opinion · Dissent

Ex parte State

Supreme Court of Alabama

Decided June 24, 2016No. 1150046Published

1DissentStuart, Justice

I would reverse the judgment of the Court of Criminal Appeals; therefore, I respectfully dissent.1

*284My review of the record establishes that the Court of Criminal Appeals invaded the province of the jury when it concluded that the State failed to present sufficient evidence to sustain the conviction of Dwayne Anthony Collier, Sr., for first-degree hindering prosecution. Specifically, the record includes sufficient evidence showing that, at the time Dwayne provided criminal assistance to his son, Dwayne Anthony Collier, Jr. (hereinafter referred to as “Anthony”)) Anthony was not in the custody…

2Cases cited7 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. California v. Hodari D.Supreme Court of the United States · 1991
  3. California v. BehelerSupreme Court of the United States · 1983
  4. Powe v. StateSupreme Court of Alabama · 1991
  5. State v. WerdellOregon Supreme Court · 2006

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