Higdon v. State

STUART, Justice.

This Court issued a writ of certiorari to address the State’s request that this Court overrule Ex parte J.A.P., 853 So.2d 280 (Ala.2002), the controlling precedent applied by the Court of Criminal Appeals in reversing Eric Lemont Higdon’s conviction for first-degree sodomy by forcible compulsion, see § 13A-6-63(a)(l), Ala.Code 1975. We overrule Ex parte, J.A.P., reverse the judgment of the Court of Criminal Appeals, and remand.

Facts and Procedural History.

The Court of Criminal Appeals, in its opinion, summarized the pertinent facts surrounding the offense:

“In the summer of…