Moore v. State

I respectfully dissent from the majority’s decision to reverse Moore’s conviction and to render a judgment of acquittal in favor of Moore. Specifically, I disagree with the main opinion’s conclusion that Ex parte Pate, 145 So.3d 733 (Ala.2013), mandates that outcome. My reading of Pate indicates that the holding of the Supreme Court is based upon, and limited to, the very distinct facts of that case.

As the main opinion correctly states, in Pate, the Alabama Supreme Court provided little analysis concerning what satisfies the “physical-action” element of , the menacing statute. However, the…