Cecil Bernard Green v. State of Alabama

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REL: February 11, 2022 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. Alabama Court of Criminal Appeals OCTOBER TERM, 2021-2022 _________________________ CR-20-0985 _________________________ Cecil Bernard Green v. State of Alabama Appeal from Elmore Circuit Court (CC-20-495) PER CURIAM. AFFIRMED BY MEMORANDUM. Windom, P.J., and McCool, Cole, and Minor, JJ., concur. Kellum, J., concurs specially, with opinion. CR-20-0985 KELLUM, Judge, concurring specially. I concur with the conclusion reached by this Court that Cecil Bernard Green waived his right to challenge the Elmore Circuit Court's adverse ruling on his motion for immunity based on self-defense because Green did not challenge this ruling before he pleaded guilty by filing a petition for a writ of mandamus with this Court. 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 an immunity defense. See Smith v. State, 279 So. 3d 1199 (Ala. Crim. App. 2018)(Kellum, J., concurring specially). 2

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