Legal Opinion · Dissent

Ex parte Mary Jacque Bell.

Supreme Court of Alabama

Decided September 26, 2014No. 1130946Published

1DissentMoore, Chief Justice

I respectfully dissent from the Court’s decision to deny Mary Jacque Bell’s petition for a writ of certiorari directed to the Court of Criminal Appeals. I would grant her petition to determine whether the trial court erred by refusing to instruct the jury on an alternative offense to the charged offense of first-degree robbery.

The evidence reveals the following facts. Nolan Boyington and Wade Cooper tried to take money from Ryan Stokes outside Bell’s residence. During the encounter, Cooper pointed a gun at Stokes. Bell, who was away from the premises at the time, was charged with complicity…

2Cases cited10 opinions

  1. Ohio v. RobertsSupreme Court of the United States · 1980
  2. McRae v. SECURITY PACIFIC HOUSING SERV.Supreme Court of Alabama · 1993
  3. Ex Parte HannahSupreme Court of Alabama · 1988
  4. Ex Parte CurrySupreme Court of Alabama · 1984
  5. Bullock v. StateCourt of Criminal Appeals of Alabama · 1997

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