IN THE CIRCUIT COURT OF BALDWIN COUNTY, ALABAMASTATE OF ALABAMA, ))Plaintiff, ))vs. ) CC-10-1745)Stephen Nodine )
)Defendant )MOTION TO DISMISS INDICTMENT IN THE INTERESTS OF JUSTICE, VIOLATIONOF DUE PROCESS, AND LACK OF GOOD FAITHComes now the Defendant and does hereby move this Honorable Court to dismissthe Indictment in this case in the interests of justice pursuant to the 5
Amendment and the14
Amendment of the United States Constitution and Section Six of the AlabamaConstitution. In support thereof the defense offers the following:1.
Count One of this indictment charging the Defendant with Intentional Murder wasinitiated by a Baldwin County Grand Jury and returned on October 12
As this court is well aware, the State of Alabama pursued this matter under thetheories of intentional murder and felony murder. The State of Alabama consistentlyposited that Mr. Nodine shot Angel Downs and that Ms. Downs had not committedsuicide.3.
It is presumed as a matter of law and as a matter of fundamental fairness that theprosecution’s theory accurately reflected the theory of the Baldwin County GrandJury and accurately reflected the evidence that was presented to the Grand Jury. SeeRussell v. United States, 369 U.S. 749 (1962).