Case dismissed against son in father's death

dailyhome.com ^ | 15 August, 2010 | David Atchison

[marktwain]

PELL CITY — A Jefferson County Criminal Court judge dismissed a case Wednesday against a man accused of murdering his father.

“The defendant having met its burden of proving by a preponderance of the evidence that he is entitled to the immunity provisions of Alabama Code 13A-3-23 (d) and (e), his motion to dismiss on the issue of immunity is hereby granted and the indictment is hereby dismissed,” Circuit Judge Tommy Nail wrote in his order dismissing the murder indictment of Robert “Bob” Carleton, 48, of Pell City.

Nail made his ruling after hearing evidence and testimony during a motion hearing last month involving the state’s case against Carleton, who was accused of murdering his 67-year-old father, William “Bill” Randolph Carleton Sr.

Defense attorneys Erskine Funderburg and Van Davis asked the court that their client be immune from prosecution based on a 2006 change in the state’s self-defense law.

Funderburg said Alabama is one of 14 states that have a “stand your ground” self-defense law.

He said Carleton was justified in the deadly shooting of his father if he thought his life was in danger. His client was not required to retreat.

Read more: The Daily Home - Case dismissed against son in father s death

[marktwain]

I recall quite a bit of discussion about this case on freerepublic in March or April of 2009. Perhaps someone can reference the original posting.

[yldstrk]

good ruling. i like it.