Small Victories are Still Significant: Latest Decision on Felony Murder Case - Alabama v. Antonio Deandre Hawkins

Good news is nice, however little it may be.

On May 1, 2026, the Alabama Court of Criminal Appeals decided the case of Antonio Deandre Hawkins. [1] Hawkins had previously been indicted for two counts of capital murder for killing a single victim. The first charge was for shooting her while she was in a vehicle, and the second charge was for shooting her while he was in a vehicle. Each charge implicated different statutory provisions. [2] Hawkins was found guilty of the lesser-included offense of felony murder on both counts. He was sentenced to life in prison. His direct appeal was denied.

Later, Hawkins filed a Rule 32 petition which was denied. His second Rule 32 petition was denied after a hearing and affirmed on appeal. The subject of this appeal was the summary dismissal of his third Rule 32 petition which alleged newly discovered evidence through a mitigation report and that his two murder convictions for a single killing violated double jeopardy.

The court denied Hawkins’ newly discovered evidence claim because, though he did not have the expert’s report, he knew about the facts underlying the expert’s report. However, the court reversed the dismissal of Hawkins’ double jeopardy claim. The court found the circumstances presented a violation of the constitutional prohibition against double jeopardy and, thus, the error was jurisdictional. [3] The court thus remanded with directions for the trial court to enter a new order finding Hawkins guilty of a single count of murder.

The fact of this case making it past the procedural bar renders it a small but significant victory.

References:

1.    State of Alabama v. Antonio Deandre Hawkins, Case Number CR-2025-0003, available at https://publicportal-api.alappeals.gov/courts/b82b30d5-bd3c-46d7-9451-1cb05e470873/cms/case/B581D6DC-9DA1-4335-A958-FDE483418CB9/docketentrydocuments/E130FCC3-E0DC-4ED8-8D76-1C4B45DB3C0E.

2.    Alabama Code § 13A-5-40(a)(17) & (18).

3.    In support, the court cited to Burnett v. State, 155 So. 3d 304, 307 (Ala. Crim. App. 2013). (https://www.leagle.com/decision/inalco20131220018)