Legal Question in Criminal Law in Alabama

Re: Criminal - Capital Murder Conviction

This is something better discussed with the trial lawyer and him filing a motion for a new trial. It should be included in any motion for a new trial and argued in order that it is preserved for an appeal. It is not likely the conviction will be tossed out by the judge as a jury did make the conclusions. If it is a court appointed attorney, of which there are many and I as well serve in that capacity many times, then your husband will be entitled to a court appointed appellate attorney.

I work many of these in the Jefferson County area as I am a resident of Jefferson County and practice in these criminal courts. If there is anything which I can do, please contact me and I will be happy to advise you as appropriate.

Re: Criminal - Capital Murder Conviction

I am sorry to hear that your husband has been wrongfully convicted. Unfortunately, this is a growing problem all across America, and Alabama is no exception. While the popular notion is that defendants have too many rights in the court system (an idea spread by prosecutors and cops), the reality is that when a person is charged with a crime the odds are stacked very heavily against him or her. When the resources of the State of Alabama are put up against one man, it is very difficult for him to defend himself.

The issues you raised are legitimate issues to support your husband's defense, but it is impossible to tell you the weight that those issues should carry without seeing the trial transcript. However, it is extremely unlikely that the judge is going to throw out your husband's conviction at this point in the case. Otherwise, he would have already done so during the trial. You are probably going to have to take your husband's case up to an appellate court to try to get the conviction set aside.

Your husband's appeal will first be heard by the Alabama Court of Criminal Appeals. Your attorney will submit a lengthy legal brief to the appellate court arguing all of the errors that the trial judge made, and explaining the reasons why your husband should get a new trial. If the Court of Criminal Appeals does not rule in your husband's favor, he can appeal the case again up to the Alabama Supreme Court.

Between now and your husband's sentencing hearing, you need to be assembling witnesses and evidence to present to the judge at sentencing. You should bring as many character witnesses as you can find to come to court to speak up on your husband's behalf, and anyone who can't come should send letters in support of your husband. Fill the courtroom with people who support your husband, to show the judge what kind of person your husband really is. Bring family, friends, employers, teachers, ministers, and anyone who knows your husband and is willing to speak on his behalf should be in the courtroom that day.

If your trial attorney is not going to handle your appeal, please feel free to contact me to discuss appealing your husband's case. You may contact me by phone or by email through a link on this site. Please visit my websites at www.williampfeifer.com and www.pfeiferjensen.com to learn more about our appellate practice.

If we can be of any assistance, please let me know. Good luck to you.