Legal Opinion · Dissent

Lucas v. State

Court of Criminal Appeals of Alabama

Decided December 18, 2009No. CR-08-0575Published

1DissentWelch, Judge

The jury in this case heard disputed testimony concerning whether Adam Dwayne Lucas was armed with a deadly weapon or dangerous instrument during the course of two robberies of pizza-delivery drivers. The jury was instructed regarding the effect of the rebuttable presumption as defined in § 13A-8-41(b), Ala. Code 1975. The jury found that Lucas was armed with a firearm during the robberies and thus returned verdicts of guilt for both counts of first-degree robbery. The jury therefore made a factual determination that Lucas was armed with a deadly weapon or dangerous instrument during the…

2Cases cited38 opinions

  1. Smith v. Equifax Services, Inc.Supreme Court of Alabama · 1988
  2. Liberty Nat. v. Univ. of Ala. Health Servs.Supreme Court of Alabama · 2003
  3. Hull v. StateCourt of Criminal Appeals of Alabama · 1992
  4. Ex Parte RyalsSupreme Court of Alabama · 2000
  5. Ex Parte WigintonSupreme Court of Alabama · 1999

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