Birmingham Criminal Defense Blog : Birmingham DUI & Criminal Defense Lawyer & Attorney : Eversole Law Firm : Criminal and DUI Defense : Serving Birmingham, Montgomery, Alabama

As an Birmingham criminal defense attorney, I have the experience to aggressively defend individuals accused of various crimes ranging from petty theft to grand larceny and domestic violence to murder in the first degree. The innocence of defendants in a criminal trial is assumed until a conviction by a jury of their peers. No matter where you live -- Tuscaloosa, Decatur, Madison, Prattville or anywhere else in Alabama -- a jury may acquit a person arrested for a crime if the evidence gathered by the police is lacking, however in the case of some offenses the facts can be quite damning.

The trial of a man accused of fatally shooting a Huntsville police officer has seen some interesting defense tactics. According to recent news articles, Kenneth Shipp was arrested following the shooting death of Officer Eric Freeman in late 2007. The defendant’s criminal lawyer reminded jurors their job was determine whether or not Freeman's death was a result of Shipp’s intention to kill the officer, or simply a tragic result of the defendant’s reported drunkenness that evening.

According to court reports, Shipp was not only intoxicated that night, but was also under the influence of pharmaceutical drugs, which has apparently been established as fact in the case.

This is a serious situation for the defendant, who faces a capital murder charge for killing a police officer in the line of duty. In fact, the prosecution had at the time for the article stated that it would seek the death penalty if the 55-year-old man is convicted.

Based on reports, the shooting incident occurred on December 14, 2007, following what has been described as a simple investigation of a possible DUI traffic accident at Bailey Cove and Weatherly roads. However, that routine drunk driving traffic stop ended moments later when Shipp allegedly shot Officer Freeman at point-blank range with a small .22-caliber pistol.

Police reports show that Shipp shot Freeman as he and another officer, Kevin Lambert, were escorting Shipp to a patrol car to wait for a DUI investigator. When a third officer arrived, he found Lambert, Shipp and another man, a former police officer, wrestling on the ground and trying to get the gun away from Shipp.

Court records indicate that other officers arriving at the scene hear the defendant yelling that he had a bomb and demanding that they shoot and kill him. Based on news reports, Shipp’s defense team questioned whether the defendant’s behavior was consistent with intoxication. In Alabama intoxication is not a defense in and of itself. But it can sometimes be used as a defense if someone is so intoxicated that they suffer from mania and clearly don't know what they are doing.

Defense focus: Shipp intoxication, AL.com, February 02, 2010

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Alabama’s Supreme Court recently issued a stay of execution for a convicted murderer. According to a news report, the stay was granted at the request of Robert Bryant Melson, who received a death sentence in the robbery-murder of three employees of an East Gadsden Popeye’s Chicken and Biscuit restaurant in 1994. As a Birmingham criminal defense lawyer, I have the experience to represent individuals charged with crimes such as grand larceny, assault and murder or manslaughter.

Being an Alabama criminal attorney, I hold that every person accused of a violent crime or other criminal offense is innocent until proven guilty by a court of law. This is everyone’s constitutional right and I adhere to this important rule of law. According to the news article, the execution was to be held on February 18, but has now been delayed to await the outcome of a case being considered by the United States Supreme Court.

The 38-year-old Melson was originally convicted for the slayings of restaurant employees Nathaniel Baker, 17, Tamika Collins, 18, and Darrell Collier, 23. According to reports, a fourth employee, Bryant Archer, was the only survivor of the shootings when Melson and an accomplice, Cuhuatemoc Hinricy Peraita, robbed the restaurant in April 15 of that year. Based on court records of the incident, Archer was also shot during the robbery but survived the ordeal.

Melson’s stay was granted by the Alabama Supreme Court at Melson's request so that he and his attorney could to hear the outcome of a Florida case that is currently being considered by the U.S. Supreme Court. That case reportedly involves an issue similar to Melson's case, which revolves around whether petitions were filed in a timely manner.

This stay would appear to be Melson’s last chance, since records indicate that he exhausted his final appeal last October when it was denied by the U.S. Supreme Court.

Alabama Supreme Court stays Melson's execution, GadsdenTimes.com, January 27, 2010

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An Alabama death row inmate, Charles Lawhorn, received a bit of clemency from the 11th U.S. Circuit Court of Criminal Appeals last week.  Mr. Lawhorn was convicted of an Alabama murder for hire and sentenced to death.  The vaunted 11th Circuit denied Mr. Lawhorn a new trial but stated he deserved a new sentencing hearing because his lawyer(if you want to call him that) did not give a closing argument during the sentencing phase of his Alabama capital murder trial.  Mr. Lawhorn's attorney stated he believed that by not giving a closing statement it would prevent the prosecution from making a closing argument.  The Eleventh Circuit Criminal Court of Appeals stated that Mr. Lawhorn's lawyer was mistaken about the law and that with adequate legal research he would have known about his mistaken belief.  The 11th Circuit Court of Appeals states,

The attorney's "failure to present a closing argument prejudiced Lawhorn because there is a reasonable probability that, but for his unprofessional error, the result of the sentencing proceeding would have been different."

My question for the 11th Circuit Circuit Court of Appeals is simple, if Mr. Lawhorn's attorney is this incompetent during the sentencing phase of the trial, how can you say his lawyer was competent during the trial itself? 

Furthermore, the 11th Circuit disagreed with U.S. District Judge U.W. Clemon of Birmingham, who in 2004 had overturned Lawhorn's conviction, ruling that his confession had been obtained improperly and should be suppressed. But the state attorney generals office appealed to the 11th Circuit, which resulted in last week's order reinstating his conviction.  Judge Clemon ruled correctly that Mr. Lawhorn's right to counsel had been violated and any confession should have been suppressed.  Mr. Lawhorn gave a confession five days after asking to see a lawyer and was never provided one.  This is a basic fundamental right and was clearly violated.  Yet, the 11th Circuit Court of Appeals, in its infinite wisdom, could care less.  Some might argue that Mr. Lawhorn is getting what he deserves, but its a slippery slope to oppression when your basic rights are trampled.

My office will fight against this kind of oppression at every turn.  If you find yourself in trouble with the law, or you find your rights being violated in the State of Alabama, the lawyers and attorneys at my office will work tirelessly to defend your Constitutionally protected rights.  Just like John Adams, Thomas Jefferson and the founders of this country, your rights to fair and impartial trials, your rights to competent representation, your right to be free of unreasonable searches and seizures of your person and property,and your personal freedom are my ultimate goals.  I am a Birmingham, Alabama attorney and lawyer who will do whatever it takes to defend your rights.  I consider myself a patriot and criminal defense lawyer, and criminal defense attorneys and lawyers, along with my brothers and sisters in the military, are some of the last true patriots in America.  If you find yourself up against the might of the oppressive state and its powerful prosecution, contact the lawyers and attorneys of Eversole Law today.  I will defend your rights in all Alabama courts, the 11th Circuit Court of Criminal Appeals, and to the Supreme Court of the United States if necessary.

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I practice Alabama criminal and DUI defense in the following counties and municipalities: 

In the Birmingham, Alabama Metro area the lawyers and attorneys of Eversole Law routinely defend Alabama criminal and DUI cases in the following courts:

Jefferson County Circuit Court, Jefferson County District Court, Adamsville Municipal Court, Argo Municipal Court, Birmingham Municipal Court, Bessemer Municipal Court, Branchville Municipal Court, Fairfield Municipal Court, Fultondale Municipal Court, Gardendale Municipal Court, Homewood Municipal Court, Hoover Municipal Court, Hueytown Municipal Court, Irondale Municipal Court, Kimberly Municipal Court, Leeds Municipal Court, Morris Municipal Court, Mountain Brook Municipal Court, Odenville Municipal Court, Pleasant Grove Municipal Court, Springville Municipal Court, Trussville Municipal Court, Vestavia Municipal Court, Warrior Municipal Court

In the Shelby County, Alabama area the lawyers and attorneys of Eversole Law routinely defend Alabama DUI and criminal cases in the following courts:

Shelby County Circuit Court, Shelby County District Court, Alabaster Municipal Court, Calera Municipal Court, Columbiana Municipal Court, Harpersville Municipal Court, Helena Municipal Court, Hoover Municipal Court, Pelham Municipal Court, Vincent Municipal Court

Other areas of Alabama the lawyers and attorneys of Eversole Law routinely defend DUI cases include:

Tuscaloosa County Circuit Court, Tuscaloosa County District Court, Tuscaloosa Municipal Court, Northport Municipal Court, Chilton County Circuit Court, Chilton County District Court, Jemison Municipal Court, Thorsby Municipal Court, Blount County Circuit Court, Blount County District Court, Blountsville Municipal Court, Altoona Municipal Court, Talladega County Circuit Court, Talladega District Court, Talladega Municipal Court, Lincoln Municipal Court, Sylacauga Municipal Court, Childersburg Municipal Court, Tallapoosa County Circuit Court, Tallapoosa County District Court, Alex City Municipal Court, Dadeville Municipal Court, Lee County Circuit Court, Lee County District Court, Auburn Municipal Court, Opelika Municipal Court, Montgomery County Circuit Court, Montgomery County District Court, Montgomery Municipal Court, Prattville Municipal Court, Elmore County Circuit Court, Elmore County District Court, Wetumpka Municipal Court, Millbrook Municipal Court, Bibb County Circuit Court, Bibb County District Court, Cullman County Circuit Court, Cullman County District Court, Cullman Municipal Court, Hanceville Municipal Court, Madison County Circuit Court, Madison County District Court, Huntsville Municipal Court, Madison Municipal Court, Etowah County Circuit Court, Etowah County District Court, Gadsden Municipal Court, Calhoun County Circuit Court, Calhoun County District Court, Anniston Municipal Court, Oxford Municipal Court, Jacksonville Municipal Court, Orange Beach Municipal Court, Gulf Shores Municipal Court, Loxley Municipal Court, Foley Municipal Court, Crenshaw County Circuit Court, Crenshaw County District Court, Escambia County District Court, St. Clair County Circuit Court, St. Clair County District Court, Pell City Municipal Court, Walker County Circuit Court, Walker County District Court, Jasper Municipal Court, Hollywood Municipal Court, Morgan County Circuit Court, Morgan County District Court, Decatur Municipal Court

THIS LIST IN NON-EXHAUSTIVE. WE DEFEND DUI & CRIMINAL CASES IN ANY COURT IN THIS STATE.

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An Alabama police officer was shot and killed last week.  Officer Eric Freeman was shot in the head after investigating a traffic accident in Huntsville, Alabama.  Officer Freeman approached Ken Shipp Jr. sitting by the street on a curb.  The police officer was going to arrest Mr. Shipp for driving under the influence of alcohol.  Mr. Shipp stood up and shot Officer Freemen in the head instead.  Shipp is being charged with capital murder and is being held without bond in the Huntsville jail. 

Mr. Shipp had been arrested for a previous DUI and apparently thought it better to kill a police officer than spend a night in jail.  He has obvious mental issues.  Combined with alcohol these mental issues could call into question whether Mr. Shipp had the Mens Rea required for capital murder.  At least that's an Alabama criminal defense and DUI lawyer and attorney's two cents worth. 

My sincere condolences to the Freeman family. 

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As a Birmingham, Alabama DUI and Criminal Defense lawyer and attorney, I strongly condemn the death penalty.   Alabama is set to execute Thomas Arthur on September 26, 2007.  Although the death penalty is horrific and should not be endorsed by an advanced intellectual society, it is worse in the backward state of Alabama.  Mr. Arthur contends he is innocent and Governor Riley refuses to allow DNA testing that could exonerate Mr. Arthur.  According to the Innocence Project, fifteen death row inmates have been exonerated nationwide by DNA testing thus far, some just days before they were scheduled to be executed.  As the Innocence Project points out , if any of these men were on death row in Alabama, they would be dead by now.  If a state is going to continue the barbaric act of execution, it is unconscionable that with today's technology, every person scheduled to die does not receive DNA testing.  Shouldn't the state at least make sure, by every possible means, the people they execute are actually guilty?  Or does Governor Riley and the state of Alabama really care who we execute, as long as someone pays for the act they are alleged to have committed, and come election time, the politicians can act like they are tough against crime. 

Forty-two states now allow for post-conviction DNA testing.  As always, Alabama is one of the last holdouts to a bygone era.  There are a lot of great things about this state, it is my home, I love it, and its people dearly.  However, when it comes to the death penalty in general and DNA testing specifically, I think everyone should ask a simple question: "What would Jesus do?'

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The Alabama Death Penalty should be abolished.  With all the overwhelming statistics out there of the unfairness of the process, DNA samples exonerating defendants who have been in jail for years, innocent men having been executed, the simple fact that African Americans are much more likely to be sentenced to death, etc. etc. I did not want to wax philosophical about the death penalty here, that will come in due time my friends.

I merely want to point several excellent organizations who do good work.  The Equal Justice Initiative of Alabama is a private, nonprofit organization that provides legal representation to indigent defendants and prisoners who have been denied fair and just treatment in the legal system.  The Innocence Project is a national litigation and public policy dedicated to exonerating wrongfully convicted people through DNA testing and reforming the criminal justice system to prevent further injustice.  Check them both out.  They are fighting the good fight and deserve our support. 

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