Moore v. State

In the instant matter, the State of Alabama petitions this Court for certiorari review of the decision of the Court of Criminal Appeals in Moore v. State, 183 So.3d 1000 (Ala.Crim.App.2014), reversing Phillip Allen Moore’s conviction for menacing. For the reasons discussed below, I dissent from denying the State’s petition.

The crime of “menacing” is statutorily defined as follows: “A person commits the crime of menacing if, by physical action, he intentionally places or attempts to place another person in fear of imminent serious physical injury.” Ala.Code 1975, § 13A-6-23(a). The main…