Thursday, July 19, 2018

More on Tax Vote/Competent & Honest Attorneys


Live within the Muscle Shoals school jurisdiction? How will you vote on a 5 mill added tax? Everyone with whom we've spoken has said they will vote "no." They've also added some choice words about the financial abilities of school superintendent Brian Lindsay. Here's some interesting data:



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Now, let's return to the saga of Timothy Vincent Murphy, ruled to have received an unfair trial in Lauderdale County. A recent article in the TimesDaily didn't mention the man behind the legal wranglings which sought justice for Murphy. Here's a press release:


On July 13, the Alabama Court of Criminal Appeals unanimously reversed the conviction of Timothy Murphy, who had been convicted of one count of attempted murder by a Lauderdale County jury in April 2017.  In the brief he submitted to the Court of Criminal Appeals, Mr. Murphy's appellate attorney, W. Brent Woodall, argued that the trial court had committed error by not granting Murphy, who was an indigent defendant, the funds he needed to hire a psychiatrist to perform an independent analysis of his mental state at the time of the offense.  During the trial, the State presented testimony from a psychiatrist regarding Mr. Murphy's mental state at the time of the offense.  Because the circuit court had denied Mr. Murphy's request for funds to hire an independent psychiatrist, the defense was unable to adequately counter the state's case.     

Mr. Woodall said, "To say the least, I am very pleased with this outcome.  The Alabama Court of Criminal Appeals correctly held that Mr. Murphy was entitled to the funds he needed to adequately prepare a defense by utilizing an independent psychiatrist.  In order to be able to effectively fight against the possibility of a criminal conviction, a defendant needs at his disposal the same tools possessed by the state.  Thankfully, the Court of Criminal Appeals recognized and corrected the wrong that occurred when Mr. Murphy was forced to combat the state on an unequal footing."   

It is not known at this time whether Mr. Murphy will be re-tried and, if so, when the re-trial will occur.

Everyone deserves a fair trial, even mass murderers. Surely a person with mental problems, no matter his crime, deserves fairness. Thank God for honest and competent attorneys in this area. We're glad to have W. Brent Woodall in the Shoals!

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Most judges bend over backward to make sure none of their rulings will result in a verdict being overturned. Why didn't Ben Graves? 





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