Recent murder conviction reversal leads to new trial in the Alabama Court of Criminal Appeals

This past week, on March 27, 2026, the Alabama Court of Criminal Appeals reversed a murder conviction for a new trial. I have included the link to the case here and below. [1]

The defendant was Jammie LaJoyce Hughes. Her case originated out of Jefferson County, Bessemer Division. Hughes was charged with intentional murder. [2] She was convicted at a jury trial and sentenced to life imprisonment.

Her issue on appeal concerned the trial judge commenting on the evidence when it gave instructions to the jury. Hughes had seven prior felony convictions. Hughes testified that the prior felonies occurred in a single day when she broke into multiple houses. However, the court records showed that the prior convictions occurred on at least four different dates. With the jury out, the judge then found Hughes had given willful, false testimony, found her in direct contempt, and sentenced her to 10-days in jail.

The next day, the trial judge determined that the jury would be instructed of Hughes giving false testimony on her prior convictions. Over defense counsel’s objection, the judge told the jury about the differing dates and clearly implied that Hughes was not telling the truth. The prosecution was then allowed to introduce evidence of Hughes’s prior arrests and crimes.

On appeal, the court noted prior appellate rulings which held that it is improper for a trial judge to comment on the weight and effect of the evidence or on the credibility of a witness. [3] The court held that the trial judge’s comments on Hughes’s testimony were erroneous and prejudicial. Hughes’s testimony was a significant part of her defense; thus, the jury’s determination of her credibility was a crucial factual determination. Concluding, the court found “whether intentional or not, the [judge’s] comments generally served to directly discredit Hughes, to bolster the State’s position, and to disparage the defense’s theory of the case. … However, it was not the trial court’s place to discredit [Hughes’s] testimony.”

The court’s recent holding underscores certain constitutional principles. Criminal defendants have a due process right to a fair trial under the Sixth and Fourteenth Amendments to the U.S. Constitution. [4] This constitutional right to a fair trial includes the right to trial before an impartial judge. [5] It is not for judges to comment on the weight or effect of evidence to the jury; rather, the jury is the factfinder and determines who is telling the truth.

If you or someone you love is in need of an appeal or postconviction relief, contact Peter Armstrong, Attorney at Law, for a free consultation.

References:

1.    The opinion is available here: https://publicportal-api.alappeals.gov/courts/b82b30d5-bd3c-46d7-9451-1cb05e470873/cms/case/FCA135A3-8D52-4905-8C61-42CE10F244A6/docketentrydocuments/555FFFD5-6BCA-42BC-B66B-011BF0CB29AA

2.    § 13A-6-2(a)(1), Alabama Code. (https://alison.legislature.state.al.us/code-of-alabama?section=13A-6-2)

3.    Citing to Macon Cnty., Comm’n v. Sanders, 555 So. 2d 1054, 1059 (Ala. 1990). (https://law.justia.com/cases/alabama/supreme-court/1990/555-so-2d-1054-1.html)

4.    U.S. v. Gonzalez-Lopez, 548 U.S. 140, 145 (2006). (https://supreme.justia.com/cases/federal/us/548/140/)

5.    Tumey v. Ohio, 273 U.S. 510, 535 (1927). (https://supreme.justia.com/cases/federal/us/273/510/)