Derrick Markeith Harris v. State of Alabama

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REL: August 16, 2019 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, 2018-2019 _________________________ CR-18-0126 _________________________ Derrick Markeith Harris v. State of Alabama Appeal from Coffee Circuit Court (CC–17-45) WINDOM, Presiding Judge. AFFIRMED BY UNPUBLISHED MEMORANDUM. McCool, Cole, and Minor, concurs specially, with opinion. JJ., concur. Kellum, J., CR-18-0126 KELLUM, Judge, concurring specially. I concur with the conclusion reached by this Court in its unpublished memorandum that Derrick Markeith Harris waived his right to challenge the Coffee Circuit Court's adverse ruling on his motion for immunity because Harris did not raise this claim before trial and conviction 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, [Ms. CR-170825, September 7, 2018] ___ So. 3d ___ (Ala. Crim. App. 2018)(Kellum, J., concurring specially). 2

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