Yesterday an Alabama man was denied self-defense immunity by the trial court judge, as reported here. The man shot and killed someone, was charged with murder, and sought self-defense immunity as a means of avoiding criminal liability and having to go to trial.
The man obviously failed in this effort to receive self-defense immunity, and it’s no real surprise given that he was arrested for questioning immediately after the shooting and found in unlawful possession of marijuana, prescription drugs, and drug paraphernalia. He now continues to trial on the murder charge.
What’s interesting about this story is that it provides us with an opportunity to take a closer look at Alabama’s self-defense immunity statute, which does something that most state’s self-defense immunity statutes don’t do: it explicitly sets out the legal procedure to be applied when a defendant seeks that immunity.