Ex parte State of Alabama.
Annotate this CaseThe Alabama Supreme Court issued a writ of certiorari to address the State's request that it overrule "Ex parte J.A.P.," (853 So. 2d 280 (Ala. 2002)), the controlling precedent applied by the Court of Criminal Appeals in reversing Eric Higdon's conviction for first-degree sodomy by forcible compulsion. "In overruling 'Ex parte J.A.P.,' this Court returns to an approach more consonant with the statutory definition of forcible compulsion and the principles set forth in a 'Powe [v. Alabama, (597 So.2d 721 (Ala. 1991))]' in conducting a forcible-compulsion analysis when a defendant, regardless of his or her age, exercises a position of domination and control over a child." The judgment of the Court of Criminal Appeals was reversed, and this case remanded for further proceedings.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.