Opinion

Towles v. State

  • 168 So. 3d 124
  • 2013 Ala. Crim. App. LEXIS 18
  • 2013 WL 1284378
Court
Court of Criminal Appeals of Alabama
Filed
Mar 29, 2013
Status
Published
Author
Kellum
On the bench
Burke, Himself, Joiner, Kellum, Welch, Windom
Cited by
3 cases

holding that, in the prosecution for capital murder, admission of testimony that defendant had assaulted son was reversible error

How later courts described this case

  • holding that, in the prosecution for capital murder, admission of testimony that defendant had assaulted son was reversible error

Written by the judges who cited it.

The opinion

KELLUM, Judge,

concurring in the result.

I agree with the main opinion that the testimony of Kevin Andre Towles’s son, Shaquille Cameron, regarding Towles’s assaults on Cameron years before the present offense was inadmissible under Rule 404(b), Ala. R. Evid., to prove identity or motive. I also believe that evidence of Towles’s prior acts was inadmissible under any of the other exceptions in Rule 404(b) and that the error in admitting this evidence was not harmless under the circumstances in this case. Because Towles’s conviction and sentence must be reversed on the ground that the testimony about Towles’s prior acts was inadmissible under Rule 404(b), I believe it is unnecessary to address whether the trial court’s limiting instruction on the Rule 404(b) evidence was erroneous. Therefore, I concur in the result.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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