Riley v. State

I agree with the plurality’s determination that the circuit court erred by failing to instruct the jury that it could only consider Riley’s prior convictions for impeachment purposes. See Ex parte Minor, 780 So.2d 796 (Ala.2000). I also agree with the plurality’s determination that the prosecutor improperly utilized and commented on Riley’s juvenile adjudications. However, based on the overwhelming evidence presented by the State and the nature of Riley’s defense, I disagree that these errors rise to the level of plain error. Rule 45A, Ala. R.App. P. Therefore, I respectfully dissent.

“The…