John Robert Allen's Legal Cases (2)

Appeals

Ex parte Lightfoot, 1120200, 2013 WL 3481945 (Ala. July 12, 2013)

Jul 12, 2013

OUTCOME: Alabama Supreme Court remanded for a new sentencing hearing after holding that an Apprendi error is not automatically harmless simply because the sentence the defendant ultimately receives falls within the statutory maximum for the underlying crime.

Lightfoot appealed the imposition of a five year firearm sentence enhancement to his prison sentence for trafficking. The Court of Criminal Appeals agreed that it was an Apprendi error to impose the ... firearm enhancement, but held it was harmless error because LIghtfoot was sentenced within the statutory range for trafficking (10-99). Lightfoot petitioned the Alabama Supreme Court to determine whether the imposition of the firearm enhancement was automatically harmless error just because the application of the five year enhancement did not increase his sentence beyond the statutory maximum for trafficking.

Appeals

Lightfoot v. State, 2012 WL 3641413 (Ala. Crim. App. Aug. 24, 2012)

Aug 24, 2012

OUTCOME: Court of Criminal Appeals ordered trial court to strike $25,000 fine after holding trial court harmfully erred in imposing firearm enhancement.

Jury convicted Lightfoot of trafficking in cocaine. At sentencing, trial court applied a firearm enhancement to increase Lightfoot's sentence by five years and his fines by $25,000, even though the ju ... ry had never found that Lightfoot possessed a firearm. Lightfoot appealed arguing the imposition of the firearm enhancement violated his Sixth Amendment Right to a trial by jury and his due process rights because the jury had not found that he possessed a gun and because Lighftoot had not been given adequate notice he would have to defend against that charge.

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