Higdon v. State

I concur fully in the main opinion, which overrules Ex parte J.A.P., 853 So.2d 280 (Ala.2002). That decision reversed the Court of Criminal Appeals’ judgment in J.A.P. v. State, 853 So.2d 264 (Ala.Crim.App.2001), an opinion I authored when I was a judge on the Court of' Criminal Appeals. I “continue to believe” what a majority of the Court of Criminal Appeals expressed in J.AP. v. State:

“We continue to believe that the focus in cases of this kind ... must be on the *1023child victim and that the issue of the sufficiency of the evidence to support a finding of forcible compulsion must be resolved…