RAINS v. STATE (2019)

Court of Criminal Appeals of Alabama.

Michael Lane RAINS v. STATE of Alabama

CR-17-0797

Decided: January 11, 2019

Appeal from Marshall Circuit Court (CC-14-715), Christopher F. Abel, J. Richard D. Jensen, Huntsville; and Ronald W. Smith, Huntsville, for appellant. Steve Marshall, atty. gen., and Laura I. Cuthbert, asst. atty. gen., for appellee.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

For the reasons stated in my special concurrence in Smith v. State, 279 So. 3d 1199 (Ala. Crim. App. 2018), I concur with this Court's unpublished memorandum affirming the circuit court's denial of Michael Lane Rains's motion for immunity from prosecution on the basis that Rains's challenge to the circuit court's ruling on the motion for immunity was moot; however, I write specially to invite the legislature to consider amending § 13A-3-23(d), Ala. Code 1975, to include a right to appeal a circuit court's pretrial ruling on immunity.

WINDOM, Presiding Judge.

Welch, Joiner, and McCool, JJ., concur. Kellum, J., concurs specially, with opinion.

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