Aldeer.com Forums Alabama Deer Talk Aldeer General Forum Anybody have a similar experience ??

I'd dang sure want all my legal fees back, if not more.

Wiley, unfortunately I think he is a regular contributor on here {but not positive].

Wiley, unfortunately I think he is a regular contributor on here {but not positive].

I don't think so. The judge was a she, not a he. Terri Lovell.

She's in Circuit Court. Did Adrian D. Johnson not hear the case when it was appealed to District court?

I haven't read the opinion yet. It was released this afternoon and I was at a bull sale on a friends farm. From what I understand it was reversed on the sufficiency of the evidence in a 5-4 opinion with four justices dissenting.

Yep. CK Cattle in Hope Hull had their first ever on the farm sale. They sold 88 angus and chiangus bulls and about 40 bred heifers. They had a great sale.

Now that the matter is final, I am at liberty to comment. I was precluded by the cannon of judicial ethics from commenting until the matter was concluded. As most of you know I am the district judge in Lowndes County. I heard this matter at the district court level and found all three defendants guilty of hunting at night, shooting from a public road and hunting by aid of a motor vehicle. At the trial, the state presented testimony from the retired game warden and the sheriffs deputies that responded to the call. Counsel for the defendants cross examined the witnesses for the state and attacked the former wardens ability to issue the warrants. He testified that he did not sign the warrants in his capacity as an officer but as someone who witnessed a misdemeanor committed in his presence, which is legally correct. After the conclusion of the states case in chief, the defendants had an opportunity to present their case, but instead of presenting any testimony they rested. The defendants did not testify or present any evidence in their defense. The state made a prima facie claim meeting all the elements of each of the charges proving their case beyond a reasonable doubt so I found all three defendants guilty of all three charges and assessed the statutorily prescribed fines. The case was appealed to circuit court where the defendants waived their right to a jury trail and tried the case as a bench trial before the circuit judge. She convicted them as well. The case was the appealed to the Alabama Court of Criminal Appeals which affirmed the convictions. The Supreme Court has now reversed the convictions and rendered the matter meaning that it is final.

I will say that there is still no doubt in my mind that one of the boys fired a rifle from that truck. Had the one who fired the shot accepted responsibility, I would have dismissed all charges against the other two defendants and allowed him to plead to shooting from a public road and dismissed the other two charges. He would have had a $1000 fine and costs to pay and that would have been the end of it.

beyond a reasonable doubt? I have my doubts on that.

They don't know who shot so they charged them all? Why not just put their names on a dart board and just charge which ever one the dart lands on? That doesn't sound as much like justice as it does good ol boy revenue generating politics.