How do you attack a murder conviction in Alabama? | Understanding Different Types of Homicide

Murder is one of the oldest crimes. Since Cain slew Abel, human beings have been doing violence to one another. It is a song as old as time.

          In Alabama, homicide, generally defined as one person causing the death of another, [1] is considered criminal homicide when it is murder, manslaughter, or criminally negligent homicide. [2] The Code of Alabama defines murder as a person doing any of the following [3]:

(1) With intent to cause the death of another person, he or she causes the death of that person or of another person.

(2) Under circumstances manifesting extreme indifference to human life, he or she recklessly engages in conduct which creates a grave risk of death to a person other than himself or herself, and thereby causes the death of another person.

(3) He or she commits or attempts to commit arson in the first degree, burglary in the first or second degree, escape in the first degree, kidnapping in the first degree, rape in the first degree, robbery in any degree, sodomy in the first degree, aggravated child abuse under Section 26-15-3.1, or any other felony clearly dangerous to human life and, in the course of and in furtherance of the crime that he or she is committing or attempting to commit, or in immediate flight therefrom, he or she, or another participant if there be any, causes the death of any person.

(4) He or she commits the crime of arson and a qualified governmental or volunteer firefighter or other public safety officer dies while performing his or her duty resulting from the arson.

These are differentiated as:

• Intentional murder, which is first-degree murder in other jurisdictions,

• Extreme indifference to human life murder, which is second-degree murder in other jurisdictions,

• Felony murder, and

• Arson murder. Intentional murder requires proof of a death, the defendant causing the death, and the defendant doing so intentionally. [4]

The punishment for intentional murder for a person over 18 years old is either death or life imprisonment. [5]

          Extreme indifference murder requires proof of a death, the defendant causing the death, and “under circumstances manifesting extreme indifference to human life, the defendant recklessly engaged in conduct which created a grave risk of death to a person other than himself/herself.” [6] The third reckless act element includes a conjunctive three-part test, which means that all three elements must be satisfied [7]:

(1) The actor is aware that there is a substantial and unjustifiable risk that death

will occur;

(2) The risk of death is so great that the actor’s failure to recognize this risk is a gross deviation from the standard of behavior to which a reasonable person would hold himself/herself in the same situation; (AND)

(3) The actor consciously disregards this substantial and unjustifiable risk.

A classic example of extreme indifference murder would be pointing a gun at a crowd of people knowing it may be loaded and firing.

          The Code of Alabama defines manslaughter as recklessly causing the death of another person under circumstances that would otherwise constitute extreme indifference murder, “except, that he or she causes the death due to a sudden heat of passion caused by provocation recognized by law, and before a reasonable time for the passion to cool and for reason to reassert itself.” [8] Manslaughter requires proof of a death, the defendant causing the death, and the defendant acting recklessly. [9] You might think that sounds very similar to extreme indifference murder, and you would not be wrong. However, case law distinguishes the recklessness for manslaughter and murder as follows:

“[T]he degree of recklessness which will support a manslaughter conviction involves a circumstance which is a gross deviation from the standard of conduct that a law-abiding person would observe in the actor’s situation, but is not so high that it cannot be fairly distinguished from the mental state required in intentional homicides.” [10]

Alternatively, manslaughter may also be intentionally causing a death based on a sudden heat of passion caused by provocation recognized by the law and before there was a reasonable time to cool off. [11]

          Finally, criminally negligent homicide is defined as causing the death of another person through criminal negligence. [12] This charge requires proof of a death, the defendant causing the death, and acting with criminal negligence in causing the death. [13] Generally, criminally negligent homicide requires proof that the defendant created a risk, to which he or she was unaware of but should have known of, and it caused the victim’s death. [14]

          So what do you do if you or someone you love is convicted of a homicide offense?

          One thing to keep in mind is that the end of the trial is not the end of the fight. The initial appeal following conviction and initial postconviction motion are critically important. Both the appeal and initial postconviction motion require adherence to procedural rules.

          Criminal defendants have a fundamental right to a fair trial under the Sixth and Fourteenth Amendments. [15] The Fifth, Sixth, and Fourteenth Amendments of the U.S. Constitution further guarantee criminal defendants the fundamental right to a meaningful opportunity to present a complete defense. [16] The improper exclusion of evidence may be a possible claim for relief. A prosecutor’s improper closing arguments or personal vouch for the credibility of the prosecution’s witnesses may be another claim. [17] Ineffective assistance of trial counsel or appellate counsel may be another claim because criminal defendants are constitutionally entitled to the effective assistance of counsel. [18] Counsel may be ineffective where counsel’s investigation was deficient or the attorney failed to investigate the options and make a reasonable choice between the options. [19] Even where the initial timeframe for appeals and postconviction relief has passed, newly discovered evidence may potentially provide a means for relief. [20]

          There are many ways to attack a homicide conviction. You don’t have to fight it alone. If you or someone you love is in need of an appeal or postconviction relief from a homicide conviction, contact Peter Armstrong, Attorney at Law, for a free consultation.

Citations:

1.    Homicide – definition. (https://www.law.cornell.edu/wex/homicide https://www.law.cornell.edu/wex/homicide)

2.    Ala. Code § 13A-6-1(a)(1). (https://law.justia.com/codes/alabama/title-13a/chapter-6/article-1/section-13a-6-1/)

3.    Ala. Code § 13A-6-2(a). (https://law.justia.com/codes/alabama/title-13a/chapter-6/article-1/section-13a-6-2/)

4.    Alabama Pattern Jury Instructions. (https://judicial.alabama.gov/docs/library/docs/13A-6-2(a)(1).pdf)

5.    Ala. Code § 13A-6-2(c). (https://law.justia.com/codes/alabama/title-13a/chapter-6/article-1/section-13a-6-2/)

6.    Alabama Pattern Jury Instructions. (https://judicial.alabama.gov/docs/library/docs/13A-6-2(a)(2).pdf)

7.    Id.

8.    Ala. Code § 13A-6-3(a). (https://law.justia.com/codes/alabama/title-13a/chapter-6/article-1/section-13a-6-3/)

9.    Alabama Pattern Jury Instructions. (https://judicial.alabama.gov/docs/library/docs/13A-6-3(a)(1).pdf)

10. Howard v. State, 85 So. 3d 1054, 1062 (Ala. 2011) (quoting Ex parte Weems, 463 So. 2d 170, 172 (Ala. 1984)).

11. Alabama Pattern Jury Instructions. (https://judicial.alabama.gov/docs/library/docs/13A-6-3(a)(2).pdf)

12. Ala. Code § 13A-6-4. (https://law.justia.com/codes/alabama/title-13a/chapter-6/article-1/section-13a-6-4/)

13. Alabama Pattern Jury Instructions. (https://judicial.alabama.gov/docs/library/docs/13A-6-4.pdf)

14. Lovell v. State, 5231 So. 2d 1346, 1351 (Ala. Crim. App. 1987) (quoting Wiggins v. State, 491 So. 2d 1046, 1048 (Ala. Crim. App. 1986)).

15. Washington v. Texas, 388 U.S. 14, 17-18 (1967). (https://supreme.justia.com/cases/federal/us/388/14/)

16. Crane v. Ky., 476 U.S. 683, 690 (1986). (https://supreme.justia.com/cases/federal/us/476/683/)

17. U.S. v. Young, 470 U.S. 1, 18 (1985). (https://supreme.justia.com/cases/federal/us/470/1/)

18. Yarborough v. Gentry, 540 U.S. 1, 5 (2003). (https://supreme.justia.com/cases/federal/us/540/1/)

19. Wiggins v. Smith, 539 U.S. 510, 533 (2003). (https://supreme.justia.com/cases/federal/us/539/510/)

20. Ala. R. Crim. P. 32.1(e).