Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Womack, J., delivered the opinion of the Court, in which Meyers, Price, Johnson, and Holcomb, JJ., joined. Johnson, J., filed a concurring opinion. Cochran, J., filed an opinion concurring in the judgment. Keller, P.J., filed a dissenting opinion, in which Keasler and Hervey, JJ., joined.

The appellant and five other persons were charged with capital murder. Pursuant to an immunity agreement with the District Attorney, Randy Sherrod, the appellant gave a videotaped statement, submitted to a polygraph examination, and offered testimony against his co-defendants. Defense counsel drafted a motion to dismiss the charges against the appellant. At the hearing on the motion, Scott Morrison, an Assistant District Attorney, stated that the District Attorney’s office joined the motion to dismiss. Based upon the joinder by the District Attorney, the trial court construed the motion to dismiss as a motion of the State and adopted the language of the defense in its dismissal order, stating “the Court finds that in the interests of justice and based upon the evidence, the motion should be granted.” The charges against the appellant were dropped for over two years until a new District Attorney, James Farren, was elected and took office. After a review of the case, the new District Attorney decided to reopen the case against the appellant. The appellant filed an Amended Motion to Enforce the Agreement with the Prosecutor, which the trial court denied. After a trial in which the appellant pleaded not guilty, the jury assessed punishment at ten years, probated, and a $10,000 fine.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Pennsylvania Legal Awards (PALA) 2023

June 14, 2023

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.

Learn More

Consulting Top Consultants 2023

June 15, 2023
New York, NY

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.

Learn More

Southeastern Legal Awards (SLA) 2023

June 22, 2023

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.

Learn More

Enterprise Applications Engineer

COLE SCHOTZ P.C.ENTERPRISE APPICATIONS ENGINEER: NEW JERSEY OFFICE: Prominent mid-Atlantic law firm with multiple regional office locations...

Apply Now ›

Litigation Paralegal

COLE SCHOTZ P.C.LITIGATION PARALEGAL - NEW JERSEY OFFICE: Prominent mid-Atlantic law firm with multiple regional office locations seeks ...

Apply Now ›

Trusts and Estates Associate Milford, CT

The Law Offices of Charles L. Kurmay seeks an associate attorney. While we have locations in Milford, and Madison, CT, and a presence in the...

Apply Now ›



Lawyers of Distinction would like to announce...

View Announcement ›



It is our privilege & honor to announce the addition of Steven H. Cohen, Patricia Z. Boguslawski, Evan D. Baker & Kelly A. Conlon as new partners of DAVIS, SAPERSTEIN & SALOMON, P.C.

View Announcement ›



FERRO LABELLA & WEISS LLC would like to announce that....

View Announcement ›