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Thomas Robert Lane v. Alabama

IFP petition · Court of Criminal Appeals of Alabama, No. CR-15-1087 · judgment May 29, 2020


Certiorari denied · October 4, 2021

Question presented

The State’s case at trial was lacking in direct evidence and built instead on circumstantial evidence. The State bolstered its otherwise circumstantial case through the expert opinion of Scott Milroy, who testified that a chisel found in Mr. Lane’s truck was the only chisel “in the world” that could have made the marks on front door of the home where Mrs. Lane was staying. This was the only piece of physical evidence used to tie Mr. Lane to the scene of the crime. The trial court qualified Mr. Milroy as an expert and allowed him to give his opinion despite the fact that he had never previously analyzed chisel marks on wood. The Alabama Court of Criminal Appeals affirmed and the Alabama Supreme Court denied certiorari. The question presented is: In a capital case, does the admission of expert testimony from a witness regarding a subject outside his area of expertise violate a defendant’s Fifth, Eighth, and Fourteenth Amendment rights to due process, a fair trial, and a reliable conviction and sentence?

Counsel of record

For petitioner
John William Dalton
The Equal Justice Initiative

For respondent
Audrey Jordan
Alabama Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jul 22 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jun 23 2021
    Brief of respondent State of Alabama in opposition filed.
  4. May 20 2021
    Motion to extend the time to file a response is granted and the time is extended to and including June 25, 2021.
  5. May 19 2021
    Motion to extend the time to file a response from May 26, 2021 to June 25, 2021, submitted to The Clerk.
  6. Apr 19 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 26, 2021)