Ex parte Jennifer Watters

Jennifer Watters petitioned the Alabama Supreme Court for a writ of mandamus directing the Jefferson Circuit Court to stay proceedings in her criminal trial, and to conduct a pretrial evidentiary hearing to consider whether she was immune from prosecution on the ground of self-defense under the then existing version of § 13A-3-23(d), Ala. Code 1975. In 2015, Watters was charged with second-degree assault. In response to the trial court's actions, Watters filed a petition for a writ of mandamus with the Alabama Court of Criminal Appeals, seeking a writ directing the trial court to conduct a pretrial hearing on her immunity defense. A majority of that court, noting that "[t]here are no Alabama cases interpreting the application and scope of section 13A-3-23(d), Ala. Code 1975, to criminal charges," denied Watters's request for relief. Watters then filed another petition for mandamus with the Supreme Court. Although the Supreme Court offered no opinion as to the factual merit of Watters's immunity claim, it nonetheless held that she was entitled to attempt to prove its application before she was required to stand trial. The Court therefore granted the petition and issued the writ directing the trial court to conduct a pretrial evidentiary hearing considering whether Watters was immune from criminal prosecution on self-defense grounds. View "Ex parte Jennifer Watters" on Justia Law