Johnson v. State

I concur in the Court’s judgment reversing Eric Devon Johnson’s conviction on the basis that, under the circumstances of this *169case, Johnson was entitled under § 13A-3-23(a)(1), Ala.Code 1975, to an instruction on self-defense. I dissent, however, from the main opinion’s apparent holding that Johnson was also entitled to an additional no-duty-to-retreat instruction under § 13A-3-23(b), Ala.Code 1975, because, in the main opinion’s view, under Ex parte Taylor, 636 So.2d 1246 (Ala.1993), Johnson’s codefendant Ellis Andrei Diggs2 was not engaged in “unlawful activity” when Diggs shot and killed…