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Two Motion To Dismiss Motions Argued Before 20th Judicial Circuit Court Judge Todd Derrick

Rickey Stokes

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Posted by: RStokes
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Date: May 04 2021 3:50 PM

HOUSTON COUNTY:   Two cases argued before 20th Judicial Circuit Court Judge Todd Derick. Both cases were Motion To Dismiss filed because of the time it took to indict one defendant and the time to arrest the defendant on another case.


STATE OF ALABAMA vs. DAVID BAGWELL - Attorney Billy Joe Sheffield


This case is one where David Bagwell was arrested on September 12, 2012. Bagwell was arrested on three counts of Possession of a Controlled Substance and one count of Chemical Endangerment. 


In Alabama every felony has to go to Grand Jury. There are mechanisms to enter a plea without an indictment, but primarily each case is to be presented to a Grand Jury.


Attorney Sheffield argues from the time of arrest until indictment was six (6) years. Court records show Bagwell was indicted on July 19, 2018 on these charges. Sheffield argues that Bagwell's sixth amendment right has been violated because the state has failed to prosecute the case. Sheffield also argues that Bagwell is prejudiced because he is unable to defend himself in these cases because of the delay in prosecution. Sheffield argues the doctor has passed away and could have testified that the defendant had prescriptions on these alleged medications that were found on the defendant at the time of arrest. Sheffield also argues the arresting officer is no longer with the agency and will more than likely not return to court to prosecute these cases.


The State argues they have no control over the Alabama Department of Forensic Sciences. The State argues lab results are needed to prove the drug is a controlled substance or an illegal substance that was found on the defendant.


The Judges and Prosecutor of the 20th Judicial Circuit, Houston and Henry County, met with the leadership of the Alabama Department of Forensic Sciences over the time delays. Over the years those delays have grown and grown holding up the court system. The delays have been shorter after the Judges and Prosecutors met with Forensics but still remain excessive.


Judge Derrick took the case under advisement.


STATE OF ALABAMA vs. ANDRE LAVELLE WEBSTER - Attorney Aimee Cobb 


This Motion To Dismiss filed is the delay between indictment and arrest. 


Webster was never arrested on view or arrest warrant on an alleged robbery that occurred on March 29, 2013. The case was presented to a Grand Jury that returned an indictment against Webster on June 21, 2013.


At the time of the robbery investigation Webster was in the custody of Chilton County Sheriff Department on a unrelated charge. Webster was later transferred to the Alabama Department of Corrections on the charge from Chilton County.


Webster was arrested on the robbery offense  on December 7, 2020. Cobb argues the arrest was seven (7) years and eight (8) months after the indictment. Cobb argues that Webster was in the Alabama Department of Corrections from June 2013 continuously until arrest in December 2020.


Cobb argues that Webster thought all matters were resolved in the alleged offense in Dothan ( Houston County ). That it was not until October 2020 that Webster found out about the pending charges in Dothan-Houston County. Webster found out when a detainer was placed on him when he received a upcoming parole hearing. 


Cobb argues that Webster has been prejudiced in the time delay in preparing a defense and the pending charge has affected him in a parole. Cobb filed an 11 page motion with the court which outlines in detail cases and reasons this case should be dismissed.


Judge Derrick heard the arguments and has taken the case under advisement.



Bagwell David by R L Stokes on Scribd




Webster Robbery by R L Stokes


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