Gibbons v. State

The facts in this case are very similar to the facts in a recent case in which this court, faced with the same legal question, reached a different result. Therefore, based onCrawford v. State, 671 So.2d 773 (Ala.Cr.App. 1995) (Taylor, P.J., and Long, J., dissenting), I must respectfully dissent.

In practical terms, a law enforcement officer has two alternatives when the officer confronts an uncooperative subject who refuses to submit to the officer's orders and then runs. Based on the degree of control or dominion the officer was able to exercise over the subject, the officer can charge the…