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Criminal Appeals Court may dismiss State's pretrial appeal of evidence rulings in Lowell Barron case

AL.com reports: The Alabama Court of Criminal Appeals today signaled an intention to reject an appeal by prosecutors in its criminal case against former state Sen. Lowell Barron.

The appeals court, in its order issued today, said the appeal "is due to be dismissed because the Appellant is attempting to appeal from a nonappealable order." The court gave prosecutors from the state Attorney General's office 14 days to "show cause why this appeal should not be dismissed." ...

Prosecutors cited three points in its appeal:

  • [DeKalb County Circuit Judge Randall] Cole said comments Johnson regarding a romantic relationship with Barron to a reporter of a Montgomery-based blog could not be introduced at trial, which is an element of motive.

  • Cole said prosecutors cannot introduce evidence of a romantic relationship between Barron and Johnson, which the state said would be a demonstration of motive and intent.

  • Cole said Barron can provide testimony and evidence from other politicians to discuss how campaign funds are spent, ruling against a motion filed by the state. -- Lowell Barron gains apparent victory as appeals court indicates prosecution's appeal may be dismissed | AL.com

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