Howard v. State

PARKER, Justice.

The State petitioned this Court for a writ of certiorari to review the Court of Criminal Appeals’ decision reversing Sean Travis Howard’s criminal conviction based on the trial court’s failure to charge the jury on manslaughter as a lesser offense to capital murder, the offense with which Howard was charged. See Howard v. State, 85 So.3d 1048 (Ala.Crim.App.2009). We granted certiorari review to consider whether the Court of Criminal Appeals’ decision in Howard conflicts with its decision in Fox v. State, 659 So.2d 210 (Ala. Crim.App.1994). See Rule 39(a)(1)(D), Ala. R.App. P.…