Ex parte Marlowe
Decision Date | 07 February 2003 |
Parties | Ex parte John Steven MARLOWE. (In re John Steven Marlowe, alias Steven Peavy v. State of Alabama). |
Court | Alabama Supreme Court |
C. Mark Lowell, Monroeville, for petitioner.
William H. Pryor, Jr., atty. gen., and Michael B. Billingsley and Elizabeth Ray Butler, asst. attys. gen., for respondent.
John Steven Marlowe was convicted of robbery in the first degree, a violation of Ala.Code 1975, § 13A-8-41, and was sentenced to life imprisonment. The Alabama Court of Criminal Appeals affirmed Marlowe's conviction. Marlowe v. State, 854 So.2d 1182 (Ala.Crim.App. 2002). We granted Marlowe's petition for a writ of certiorari to determine whether the Court of Criminal Appeals correctly decided that the State had produced sufficient evidence indicating that the victim had suffered a "serious physical injury," an element of § 13A-8-41. We now affirm the judgment of the Court of Criminal Appeals and adopt the reasoning of that court as set out in the following portion of its opinion:
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Hopson v. State
...court properly denied Hopson's motion for a judgment of acquittal as to the count for second-degree assault. See Ex parte Marlowe, 854 So.2d 1189, 1193 (Ala. 2003) (adopting this Court's shift from the more stringent definition of "serious physical injury"); see also Glass v. State, 671 So.......
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...Crim.App.1996), discussing numerous cases in which evidence was held not to establish serious physical injury. However, in Ex parte Marlowe, 854 So.2d 1189 (Ala.2003), the Alabama Supreme Court shifted away from that stringent definition, following this Court's reasoning in Marlowe v. State......
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A.L.L. v. State, No. CR-06-1500 (Ala. Crim. App. 9/26/2008), CR-06-1500.
...App. 1996), discussing numerous cases in which evidence was held not to establish serious physical injury. However, in Ex parte Marlowe, 854 So. 2d 1189 (Ala. 2003), the Alabama Supreme Court shifted away from that stringent definition, following this Court's reasoning in Marlowe v. State, ......