Dorsey v. State, 881 So. 2d 460 (Ala. Crim. App. 2001)

Cases | Dorsey v. State, 881 So. 2d 460 (Ala. Crim. App. 2001) | 2018

The defendant was convicted of murder. On appeal, the defendant argued that the presence of the victim’s family members in the courtroom deprived him of a fair trial and an accurate sentencing determination. Though the defendant conceded that Ala. Code § 15-14-56(a) permits a trial court to allow family members of victims to be exempted from the rule excluding witnesses from the courtroom, he asserted that the trial court erroneously exempted four people from the rule. The appellate court held that the trial court’s actions were consistent with Alabama law. The Crime Victims’ Court Attendance Act, Ala. Code § 15-14-50 et seq., allows the deceased victim’s representative to sit alongside the prosecutor at trial and applies to capital trials. There was no indication that the victim’s family members were overly emotional or disruptive during trial.