# Towles v. State

> Court of Criminal Appeals of Alabama · March 29, 2013 · 168 So. 3d 124

URL: https://www.frixlaw.com/law-library/cases/4820032

## Case

- **Full name:** Kevin Andre TOWLES v. STATE of Alabama
- **Court:** Court of Criminal Appeals of Alabama
- **Decided:** March 29, 2013
- **Citations:** 168 So. 3d 124; 2013 Ala. Crim. App. LEXIS 18; 2013 WL 1284378
- **Precedential status:** Published
- **Opinion:** Concurrence by Kellum
- **Judges:** Burke, Himself, Joiner, Kellum, Welch, Windom
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4820032

## How later opinions describe it (automated extraction)

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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4820032. Public record. Not legal advice.