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

As a Birmingham criminal defense attorney, I have seen a wide of criminal indictments for crimes ranging from drug manufacturing and computer fraud to assault and murder. If there is one thing I am certain of, that is every citizen’s right to a fair criminal trail and to be considered innocent until proven guilty.

Just last month, two men from Lauderdale County, AL, were charged with extorting money from individuals in northern Alabama. According to news articles, the two posed on numerous occasions as private investigators using their false personas as a way to get money from their alleged victims.

The two men are reportedly both from Florence, Alabama. According to reports, 44-year-old Mark Douglas Wilson and 47-year-old Gregory Jones Harrison were charged with second-degree extortion by law enforcement authorities -- this is a Class C felony and punishable by up to 10 years in prison following a conviction. The recent arrests came following allegations against the two and a subsequent probe by the Alabama Bureau of Investigation.

Officials at the ABI allege that Harrison and Wilson presented themselves as private investigators working under contract with the ABI to conduct investigations into criminal activities. The two men are accused of attempting to extort large sums of money from the various individuals they had targeted.

According to information provided by the ABI, the suspects apparently explained to the victims that their names were included on a list of persons involved in criminal activity and that they would be arrested in an upcoming roundup by law enforcement. The extortion came in the form of promises to remove those person’s names from the fictitious list in exchange for certain payments.

Investigation into the alleged extortion arrangement commenced after the ABI was contacted by a local businessman who said he had been approached by Harrison and Wilson. The investigation reportedly lasted a little more than one week. Following the arrest the two suspects were placed in the Lauderdale County Detention Center until they were released on bail of $1,000 each.

Two local men charged with extortion, TimesDaily.com, January 23, 2010

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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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As an experienced Birmingham criminal defense lawyer, I have the skills to represent individuals charged with crimes ranging from petty theft to grand larceny, assault to murder. As an Alabama criminal attorney, I firmly believe that a person is innocent until proven guilty in a court of law -- it’s everyone’s constitutional right. I recently read a news account by the Press-Register detailing Mobile’s 10 most wanted suspects for various crimes.

According to that article, this list of fugitives includes individuals wanted in connection with murder, assault and robbery, among other offenses. One of the men on this list is a 17-year-old boy who has been charged with fatally shooting his cousin in a park in Theodore, AL. Another allegedly beat up a friend for keeping him from driving drunk.

In all cases, the city of Mobile considers these people fugitives from the law. According to the city’s chief of police, Phillip Garrett, they each have “committed serious felony crimes and owe a debt to society." Some of those individuals and their alleged crimes are included here:

• Lamont Jermaine Fagan, 28 -- charged with murder in connection with the early-morning August 13 shooting death of Rickey Deloach in the Josephine Allen public housing community. Two other men are reportedly already in jail regarding this crime.
• Markus Dewayne Lee, 17 -- accused of shooting his cousin, Blake Davis, at a park on Diamond Road in Theodore. The victim was reportedly trying to break up a fight when he was allegedly shot by Lee.
• LaDerrick Kevon Davis, 29 -- named in five counts of unlawful breaking and entering a vehicle, authorities say he has active warrants charging possession of burglar's tools and possession of a controlled substance. The five auto break-ins of which Davis is accused allegedly took place in recent months at Chantilly's nightclub on Airport Boulevard.
• Thomas Crooke, 23 -- charged with second-degree assault, accused of punching and kicking a friend who attempted to stop him from driving away from the Whiskey Night Club because he was drunk. The friend suffered a broken shoulder and nose, according to the warrant.
• Willie Lionel Williams, 23, -- accused of first-degree robbery and second-degree assault after an individual was robbed and shot in the leg at the VIP Barber Shop on St. Stephens Road in June. Warrants also are on file against Williams for second-degree assault, first-degree burglary and first-degree possession of marijuana.

Mobile's 10 Most Wanted includes 2 murderers, 4 robbers and man who beat up, AL.com, September 10, 2009

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Reading a recent news report, I saw that The Shoals is way overrepresented when it comes to people on death row. Being convicted of murder is about as serious as it gets in the criminal arena, and death row is a place nobody wants to go. As an Alabama criminal defense attorney, I have represented many individuals accused of murder, homicide or manslaughter. Depending on the circumstances, some people in this situation simply do not deserve the death penalty.

At the time of the article, there were 203 inmates on death row in Alabama. Of those, 10 inmates had committed one or more homicides in Colbert, Franklin or Lauderdale counties. Five of those death row inmates from the Shoals and were there since March 2007. Many are waiting for a decision from the Alabama Court of Criminal Appeals or Supreme Court.

Although more people have been sentenced to death in Colbert, Franklin and Lauderdale in the past 25 months than were sent to death row in the previous 25 years, local prosecutors are not worried the Shoals is becoming a hotbed for violent homicides.

"We're not any more violent than we have ever been," said Lauderdale County District Attorney Chris Connolly. "Every murder is violent. I just think juries are just fed up with crime and they are willing to recommend the death penalty where they feel it is warranted. There were capital murder cases here in the past where there was a conviction, but the jury recommended life without parole and the judge upheld the recommendation."

In Alabama, life without the possibility of parole and the death penalty are the only sentencing options for capital murder. Jurors recommend a punishment in capital cases, but the judge is not bound to follow the recommendation.

According to Alabama law, any time a homicide is committed for monetary gain; committed during another felony such as robbery; has more than one victim; the victim was a law enforcement officer; or the victim was younger than 14, it meets the criteria for capital murder in Alabama.

However, it does occur occasionally that when a homicide even meets the criteria for capital murder, the victim's family asks prosecutors to not pursue the death penalty. This can happen for a variety of reasons. Sometimes the victim’s family doesn't believe in the death penalty for moral or religious reasons, or they just don't want to have to spend 15 or 20 years or even more going to appeal hearings for the person convicted of killing a loved one.

Alabama death row has strong Shoals presence, TimesDaily.com, September 14, 2009

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Violent crime is being targeted by law enforcement agencies across the country. Earlier this month, U.S. Immigration and Customs Enforcement (ICE) agents conducted a four-day action against street gangs in Alabaster, Decatur, Hoover, Pelham, and Shelby counties. As part of the operation, 23 individuals were arrested and now face possible deportation. Of those arrested, 20 were males, two were female and one was a juvenile. As an Alabama criminal defense attorney practicing in Birmingham, I know that the claims that these people have ties to violent street gangs must be proven in court. Theft, assault, drug trafficking and murder may be just some of the charges levied against these alleged gang members.

According to news reports, federal agents targeted alleged gangs members in Jefferson, Shelby and Morgan counties. Police reportedly focused their efforts on several "transnational street gangs," as they are called. One of those gangs, “MS-13,” is reportedly one of the largest Hispanic street gangs in the United States. Another group, “Sureno-13,” is one of the most significant gangs operating in the Southeast, according to the National Gang Intelligence Center.

Most of the individuals arrested during the operation were taken to the DeKalb County Jail. Of those, three were released pending immigration hearings. As of Friday, only two faced criminal charges, according to an ICE official. One person in particular, Misael Godoy-Torres, was arrested at Cedar Brook Apartments in Hoover and was been charged with being an illegal alien in possession of a gun, according to court records. An affidavit stated ICE agents received a tip that Godoy-Torres, a Mexican citizen, was a member of street gang Brown Pride 13.

According to reports, when his girlfriend let the agents into the apartment, Godoy-Torres threw a rifle from a third-story bathroom window and was attempting to jump from the window when he was arrested. Agents found a cell phone with pictures of Godoy-Torres with the gun and "what appears to be a gang bandanna," the affidavit stated.

A second man, Margarito Carbajal-Nava, was being held in Decatur City Jail on state charges including violations on three charges of criminal trespassing. According to Officer Sharon Latham said Carbajal-Nava, a 38-year-old Decatur resident, was being held for ICE and was arrested Aug. 30.

A statement issued by ICE Friday stated that agents conducted the operation working with local law enforcement including police officers in Alabaster, Decatur, Hoover and Pelham, and Shelby County sheriff's departments.

Alabaster Police Deputy Chief Curtis Rigney said ICE agents asked his officers for backup during the operation. He commented that his department had not noticed an increased gang presence in Alabaster, but added, "you never know where these gangs are."

Gang raid nets 23 arrests in Alabama, AL.com, September 12, 2009

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A local mother has been charged with conspiracy to commit murder and solicitation of murder in the shooting of another woman. As an Alabama criminal defense lawyer, my firm has represented clients in situations similar to 42-year-old Yolanda Seay, who was arrested in mid-August at her home in Birmingham. According to news reports, Seay was taken to county jail after a judge set her bond at $120,000. Conspiracy and solicitation are serious charges that require a skilled legal professional well versed in Alabama criminal law and knowledge of the Alabama criminal appeals process.

This woman’s situation is very complicated because Seay has been linked to crimes allegedly committed by other family members over the years. Seay’s sons, Cortez, Martez and Demarius have been charged or convicted at various times with separate slayings and attempted murder. News reports indicate that only recently did police connect Yolanda Seay with some of the crimes committed by her sons.

Investigators reportedly believe that Yolanda Seay played an active role in the planning and solicitation of the shooting of Kandi Hawkins, a witness against two of her sons in separate cases. Hawkins was shot in June and apparently left for dead. She reportedly survived the shooting, however injuries suffered during that incident left her a quadriplegic and she is currently being cared for at an undisclosed location.

Seay’s first-born, 25-year-old Martez, has been charged with capital murder in the May execution-style slaying of Lonnie Vaughn, a Vestavia Hills father of two who was found in northeast Jefferson County, nude and shot multiple times. Hawkins also is charged with capital murder in that case. Martez Seay has also been charged with solicitation for murder and conspiracy to commit murder in the shooting of Hawkins, who reportedly was his girlfriend.

The youngest Seay son, Demarius, is awaiting trial for capital murder in the April 2008 shooting death of a 17-year-old Parker High School student. Demarius is also charged with attempted murder in the shooting of Hawkins.

According to news reports, Yolanda Seay’s middle child, Cortez, pleaded guilty and was sentence to life in prison for the 2004 murder of a 50-year-old man at a drug house. Cortez Seay was convicted of killing the man over a money dispute.

Mom burdened when three sons implicated in Birmingham murders is now charged too, AL.com, August 17, 2009

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Over the years, I have defended numerous clients in criminal court against a wide variety of charges. A recent news article pointed out the difficulties that a defendant can run into if charged with a serious offense involving the wounding of an innocent bystander during a gun fight. As an experienced Birmingham criminal defense lawyer, I know what influences a jury for or against a defendant. The incident that occurred at the corner of Lomb and Cotton avenues in southwest Birmingham is one such example.

According to police and other reports, gunfire was exchanged between two men inside the convenience store of a local Shell gas station. The incident reportedly was precipitated by an argument between the two, which took place around 9:45 a.m. on Thursday, August 20. During the exchange, in which 20 shots were fired, another customer in the store was slightly wounded.

That man, a 54-year-old assistant pastor at a Birmingham church, was reportedly grazed in the left shoulder by one of the bullets during the gunfight. The man refused medical treatment and said he would take himself to a local hospital. A statement taken from the wounded man at the scene indicated that the two gunmen were shooting indiscriminately at each other with little regard to anyone else in the immediate area. Fortunately, no one else was killed or injured during the incident.

The shootout ended as one of the gunmen ran outside, escaping before police arrived. The other gunman who remained inside was taken into custody by police officers. The facts were sparse in the news reports, but I have aggressively defended numerous clients involved in similar situations. Depending on who instigated the gunfight, there may have been good reason for the other man to defend himself; though the wounding of an innocent bystander, a clergyman at that, will most likely complicate that defendant’s case.

It is every person’s right under the law to have his of her case heard in a court of law. As an Alabama criminal defense attorney, I believe everyone is innocent until proven guilty regardless of public opinion or appearance of guilt based on the so-called facts disseminated through the media. And while criminal trials do not always result in the best outcome for some defendants, in my experience it is usually recommended that individuals pursue the criminal appeals process when the outcome of the original trial has been less than satisfactory.

Bystander wounded, one arrested in shootout at southwest Birmingham gas station, AL.com, August 20, 2009
 

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As an Alabama criminal lawyer practicing in Birmingham, I have represented numerous clients accused of various crimes, including assault, manslaughter, theft, criminal sexual behavior, and drug possession and sales. Many of these people believed themselves to be innocent of the charges, but the authorities and the prosecution could not accept their explanation. Since there are always two sides to every story, I have dedicated myself to the aggressive defense of people like the Montgomery, AL, woman who recently was arrested for first degree assault with a hand gun.

It apparently all started in the early evening as a dispute between some neighbors regarding a parking situation at one of the houses on Courtland Street in Montgomery. According to police reports, a 51-year-old woman was looking to back her car out of a shared driveway, but found that her car was blocked in by another vehicle. News reports say that as the argument escalated, Annie Mae Smith allegedly pulled out a gun and began to wave it in the air. Sadly, during her display, a 16-year-old who was also involved in the dispute was accidentally shot, however not fatally.

When police arrived, the boy’s mother told the officers that her son had stepped between the two women when the gun went off. Smith claimed that the gun discharged as she was raising it into the air and that she had no intention to shoot the boy. The teenager was apparently hit in the back of the neck -- X-rays showed that the bullet exited through the left side of his jaw. He lost three teeth and may require surgery to repair his jaw, but fortunately he was not killed.

This is a perfect example of how a simple argument can ratchet up to an explosive point. While Smith says that she only meant to fire the gun into the air, Montgomery police charged her with 1st degree assault. She posted bond the very next day.

Smith’s neighbors say that the woman isn't the kind of person who would shoot someone. In fact, a number of them told reporters that Smith is a wonderful person who goes to work everyday and minds her own business. The other side of the story is bound to come out in court. Already there is some discussion that the woman may have felt cornered and physically in danger, which may explain her actions -- all the more reason to choose a qualified and experienced criminal lawyer for a case such as this.

Driveway dispute turns violent, WSFA.com, July 17, 2009

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Cullman County -- Police recently arrested a man for allegedly operating a meth lab at his home in Hanceville, AL. Billy Floyd Norris apparently called police to report some stolen property. When officers arrived, the 33-year-old man told them that that his roommates had robbed him. Police could not verify that a robbery had occurred, however they did discover traces of drugs on the premises, as well as evidence of an active methamphetamine lab. The Cullman Narcotics Enforcement Team took samples to positively identify the seized chemicals and drugs. Norris was charged with manufacturing and unlawful possession of a controlled substance. He was incarcerated at the Cullman County Detention Center on $1 million bond.

Franklin County -- A Russellville woman has been accused of raping a 13-year-old boy, according to authorities. Ashley Turner, 24, was indicted by a grand jury in May for allegedly having an extended sexual relationship with the boy at his home during 2008. The boy’s parents reportedly did not find out until after the relationship had been ongoing for some time. The Franklin County Sheriff's Office said Turner and the boy are friends and that the boy consented to the sexual relationship. Legally the boy is too young to consent -- therefore a charge of second-degree rape has been lodged against Turner. This is a Class B felony that carries a prison sentence of two to 20 years.

Madison County -- A resident of Harvest, Alabama, was arrested recently for attempting to pass a counterfeit $100 bill at a Madison McDonald's restaurant. According to reports, police arrested James Michael Cook on June 8 after an employee reported the incident to police. A preliminary investigation led authorities to find $6,200 in counterfeit $100s in Cook's possession. In a subsequent search, Madison police and the U.S. Secret Service located and seized an additional $9,700 in counterfeit $100 bills. Cook has been charged with first-degree criminal possession of a forged instrument and is being held in the Madison County jail on $20,000 bond.

Mobile County -- Authorities say that Stanley "Red" Harris was charged June 12 with capital murder in the death of 41-year-old Karen Tillman, who was shot to death during a robbery in Grand Bay. The Mobile County sheriff's office said it was unclear what type of relationship Harris had with Tillman or why the two were traveling together when the shooting occurred during the evening of June 11. According to reports, Tillman got out of the vehicle and was picked up by a passer-by who drove her to a nearby home. Deputies called to the scene of the shooting said that the victim named Harris as her attacker before she died. Harris was arrested at his grandmother's house in Irvington and is currently being held in the Mobile County Metro Jail without bail.

Man reports robbery, police find working meth lab, TheNewsCourier.com, June 15, 2009

Metro Breifs, AL.com, June 13, 2009
 

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As an Alabama criminal defense lawyer and attorney I have devoted my life to defending those accused of crimes.  I routinely represent clients in Birmingham and throughout the state of Alabama in Alabama DUI charges, Alabama Theft Charges, Alabama Drug Charges and crimes, Alabama and Federal Criminal Appeals, Sex Crimes including rape and sexual assault, as well as Alabama traffic and speeding tickets. 

I will defend your Constitutional Rights no matter the charge and no matter the circumstances.  Just because someone has been accused of an Alabama DUI or Drug Crime does not mean they are guilty.  Criminal charges are often obtained against innocent people or people who the state cannot convict.  You will increase your likelihood of a successful resolution to your situation by immediately contacting an attorney or lawyer who focuses his practice on Alabama criminal and DUI defense.  The very nature of a criminal conviction means that all criminal charges are serious charges and deserve serious attention.  Even a single DUI conviction for example can land you in jail, promises significant fines in the thousands, loss of drivers license, you could possibly lose your job, your security clearance at work, or maybe not even get a job because of the background checks that many companies are performing these days.  Your car insurance will surely sky rocket and you could lose your neighbors respect.  Likewise, just one conviction for possession of a controlled substance requires a minimum one year jail sentence. 

The state and the Alabama prosecutors must present evidence in court that would allow a jury of your peers to find you guilty beyond a reasonable doubt.  My job as an Alabama criminal defense lawyer and attorney is to make sure the jury has that kind of doubt.  Beyond a reasonable doubt is a high standard to leap and a good Alabama DUI and criminal defense attorney can accomplish wonders.  In fact, in many instances, especially in DUI and Drug charges, it is possible to have these cases dismissed or reduced prior to any trial.  If you have been charged with a crime in Alabama, and you cannot afford to lose, call the Alabama criminal defense lawyers and attorneys at Eversole Law today.  My contact information listed on this site rings my personal cell phone directly.  I will answer your call and handle your case from beginning to end. 

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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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The traditional example of what constitutes Alabama Manslaughter is an intentionally killing committed during the "heat of passion."  A killing that would normally be Murder is reduced to Manslaughter because of a legal provocation.  For instance, catching your spouse in bed with another person is legal provocation to kill your cheating spouse and his/her lover, if the killing is done "in the heat of passion," e.g., immediately after finding them together you grab a gun out of the drawer and shoot them 49 times each, without any sort of calming period in between.  I make sure my wife is well aware of this little diddy.  Just kidding. ha!

§ 13A-6-3. Manslaughter.

(a) A person commits the crime of manslaughter if:

(1) He recklessly causes the death of another person, or

(2) He causes the death of another person under circumstances that would constitute murder under Section 13A-6-2; except, that he 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.

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The Alabama Murder statute is listed below for your Sunday morning reading pleasure.

§ 13A-6-2. Murder.

(a) A person commits the crime of murder if he or she does any of the following:

(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, 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.

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