Ex parte Aaron Cody Smith.Annotate this Case
Aaron Smith, an officer employed by the City of Montgomery Police Department, petitions the Alabama Supreme Court for a writ of mandamus to direct the Montgomery Circuit Court to vacate its order denying Smith immunity pursuant to 13A–3–23(d), Ala. Code 1975, and to enter an order granting Smith immunity under that statute. In the alternative, Smith asked for mandamus relief directing the Montgomery County Circuit Judge enter an order recusing himself from the case. Smith requested a change of venue based on pretrial publicity. The Supreme Court surmised the issue of Smith's credibility would arise at trial because he appeared to be the only witness to the incident underlying these proceedings, and he might be called to testify at trial in support of a defense of self- defense. "The risk of prejudice under these circumstances is evident where the trial judge has already stated that he does not find Smith to be credible and that statement has been widely reported in the local community from which the jury pool would be drawn. Judge Griffin's comments were made and reported approximately six moths ago, in late July 2018. There is no dispute that this case has generated much attention in Montgomery County, and it seems likely to generate continued attention moving forward. It is reasonable to assume that Judge Griffin's comments regarding Smith's credibility will continue to be dispersed in the local media." Therefore, the Supreme Court concluded Smith could not have his case decided by a fair and impartial jury in Montgomery County. Because Smith demonstrated a clear legal right to the relief sought, the Supreme Court granted his petition as to the change-of-venue and recusal issues and directed that this case be transferred to another venue. The Court denied relief as to all other issues raised.