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Ex parte Samuels

Supreme Court of Alabama

September 26, 2014

Ex parte J.C. Franklin Samuels
v.
State of Alabama) (In re: J.C. Franklin Samuels

Released for Publication June 10, 2015.

Marshall Circuit Court, CC-10-258; Court of Criminal Appeals, CR-13-0103. Allen T. Jolley, Trial Judge.

For Petitioner: John Paul Burson, Guntersville.

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

OPINION

PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS

PARKER, Justice.

WRIT DENIED. NO OPINION.

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

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

DISSENT

MOORE, Chief Justice (dissenting).

J.C. Franklin Samuels was convicted of the murder of his son, Gregory Samuels (" Gregory" ), and was sentenced to 45 years' imprisonment. Samuels claimed that he was acting in self-defense, which resulted in the unintentional killing of his son. Samuels objected to the jury instruction on self-defense, but on appeal the Court of Criminal Appeals held in an unpublished memorandum that Samuels's objection was not sufficiently specific to preserve the issue for appellate review. Samuels v. State (No. CR-13-0103, June 6, 2014), __ So.3d __ (Ala.Crim.App. 2014) (table). I believe that there is a probability of merit to one of Samuels's claims, and I would grant certiorari review to address it. Therefore, I respectfully dissent from this Court's denial of the writ.

Sometime in the late summer or early fall of 2009, 35-year-old Gregory came to live with his father, 60-year-old Samuels, allegedly to avoid parole-violation and child-support charges in the State of New York. Gregory was 5'9" , 195 pounds, and was alleged to ...


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