J.D.W. v. State

I do not believe that the issue upon which the majority reverses J.D.W.’s convictions is properly before this Court. Therefore, I respectfully dissent.

On appeal, J.D.W. argues that Wilb-ourn’s testimony regarding R.W.’s out-of-court statements was not admissible under Rule 801(d)(1)(B), Ala. R. Evid. The majority, agreeing with J.D.W., holds that “Wilbourn’s testimony was not admissible under 801(d)(1)(B), Ala. R. Evid; ... [accordingly, the trial court abused its discretion by allowing Wilbourn to testify to statements made by R.W.” 176 So.3d at 869.

The circuit court, however, did not permit…