MONTGOMERY, Ala. (WRBL) — A Montgomery, Alabama, man’s 2017 homicide case has been re-instated after the “year-and-a-day rule,” which only allowed homicide prosecutions if the victim died within a year and a day of the crime, was overturned by the Alabama Supreme Court, according to Attorney General Steve Marshall.
“By the Supreme Court’s denial of application of the year-and-a day rule in this murder case, Alabama is one of the last states to effectively abolish the centuries-old common-law rule that has outlived its purpose due to advances in medical technology,” said Attorney General Marshall. “The Supreme Court has appropriately allowed the murder case to proceed so that the State can seek justice for Mock and his family.”
John Grant, 47, allegedly shot Earl Mock from inside a vehicle on Sept. 24, 2017.
Mock was put on life-support due to his injuries. He remained on life-support for fifteen months after the incident.
Upon being removed from life-support, Mock died within 12 hours.
Grant’s capital murder indictment was moved to be dismissed by his attorneys, citing the “year-and-a-day rule” which says that the victim must die within a year and a day of the crime for a homicide prosecution to proceed.
This motion was denied by the Montgomery County Circuit court.
The Alabama Court of Criminal Appeals set aside the trial court’s order, issuing an order that directed the circuit court to dismiss Grant’s indictment.
On Friday, Sept. 9, the Alabama Supreme Court overruled the 2003 decision upholding the year-and-a-day rule.
The Attorney General’s Solicitor General and Criminal Appeals Divisions handled the appeals process of this case, arguing for the Alabama Supreme Court to overturn the decision made by the Alabama Court of Criminal Appeals and to reinstate Grant’s murder prosecution.