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Ex parte Tate

Supreme Court of Alabama

June 6, 2014

Ex parte Sherman Fitzgerald Tate; (In re: Sherman Fitzgerald Tate
v.
State of Alabama)

Released for Publication January 20, 2015.

(Mobile Circuit Court, CC-10-5319 and CC-11-171; Court of Criminal Appeals, CR-12-0862). John R. Lockett, Trial Judge.

For Petitioner: Michael Hickman, Mobile.

STUART, Justice. Bolin, Shaw, Main, Wise, and Bryan, JJ., concur. Moore, C.J., and Parker and Murdock, JJ., dissent.

OPINION

PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS

STUART, Justice.

WRIT DENIED. NO OPINION.

Bolin, Shaw, Main, Wise, and Bryan, JJ., concur.

Moore, C.J., and Parker and Murdock, JJ., dissent.

DISSENT

MOORE, Chief Justice (dissenting).

I respectfully dissent. The defendant, Sherman Fitzgerald Tate, was accused of engaging in deviate sexual intercourse with two 15-year-old students while he was employed as a mentor with the Youth Advocate Program at Pointe Academy in Mobile. I believe Tate should have been permitted to offer in his defense evidence of the existence of the two victims' " romantic relationship" with each other, evidence I believe could be relevant to the victims' alleged bias against Tate or their collusion but that is not necessarily barred by Rule 412, Ala. R. Evid., the rape-shield rule.

According to the facts before this Court, between December 2009 and April 2010, when the events in this case allegedly took place, Tate knew that the two victims, K.R. and T.E., were bisexual and apparently conveyed this information to the mother of one of the victims. Tate had also commented that the victims were " talking together," which, we are told, is " a euphemism [meaning] that they were involved in a relationship." Trial counsel stated that this homosexual relationship " would be in the middle of the time frame when they are claiming he was doing something to them." Trial ...


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