Supreme Court of Alabama, 1976

W. SHOCKLEY v. State

Supreme Court of Alabama · Decided July 2, 1976 · Maddox

335 So. 2d 663 (Southern Reporter, Second Series)

Cases that cite this one

8 later published cases cite this decision.

Huff v. State (Ala. Crim. App. 1995)
State v. Major (Idaho 1983)
Boyle v. State (Ala. Crim. App. 2013)
Garner v. State (Ala. Crim. App. 1992)
Terry v. State (Ala. Crim. App. 1988)
Marie Lancaster Busby v. Kathleen B. Holt, Warden Charles A. Graddick, Attorney General of the State of Alabama (11th Cir. 1985)
Thomas v. State (Ala. Crim. App. 1985)
Commonwealth v. Musolino (Pa. 1983)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Defendant Shockley's conviction for assault with intent to murder was reversed by the Court of Criminal Appeals, 58 Ala. App. ___, 335 So.2d 659, because Shockley was effectively denied the right to confront a witness, an alleged accomplice, who was called by the prosecution and asked several questions, but who refused to answer any questions. We granted certiorari to review the judgment.

After review, we are of the opinion that the judgment of the Court of Criminal Appeals is due to be affirmed.

The Court of Criminal Appeals found that the defendant, Shockley, "did not invite or instigate the refusal" of the accomplice to testify; consequently, the case is controlled byDouglas v. Alabama, 380 U.S. 415, 85 S.Ct. 1074, 13 L.Ed.2d 934 (1965), a strikingly similar case.

AFFIRMED.

JONES, SHORES, EMBRY and BEATTY, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.