Alabama Supreme Court, 9/26/13
In an unpublished order, the Court of Criminal Appeals issued a writ of mandamus directing the trial court in the underlying case to “bar” the prosecution of respondent Margie Kelley, who had been indicted for three counts of capital murder. The State petitioned the Supreme Court for a writ of mandamus to direct the Court of Criminal Appeals to vacate its order. The Court of Criminals Appeals relied on the decision of “Davenport v. Alabama,” (968 So. 2d 27 (Ala. Crim. App. 2005)) in arriving at its conclusion. In its mandamus petition, the State contended that “Davenport,” in holding that an individual cannot be prosecuted for hindering the prosecution of another when the individual was also a principal, or participated, in that crime, misstated the law. The Supreme Court agreed. As such, the State met its burden for mandamus relief, and the Supreme Court granted its petition and issued the writ.