Anthony Orr v. State of Alabama
CR-2023-0752
| Ala. Crim. App. | Jun 27, 2025Background
- Anthony Orr was convicted of intentional murder, attempted murder, attempted first-degree assault, and discharging a firearm into an occupied vehicle following a shooting that killed Eldred Martin Hall and injured Valerie Reed, who was paralyzed as a result.
- The incident occurred shortly after a parade, against the backdrop of ongoing conflict and allegations of domestic abuse between Orr and his ex-wife, Valerie Reed. Reed had a protection order against Orr at the time.
- The shooting was witnessed by Reed, Angela Thompson, Reed’s daughter, and others. Orr claimed he shot Hall in self-defense after Hall allegedly fired first, although his prior police statements did not mention self-defense.
- Orr was sentenced under Alabama's Habitual Felony Offender Act to concurrent sentences of life imprisonment (for murder and attempted murder), 15 years (for attempted assault), and 10 years (for discharging a firearm into an occupied vehicle).
- On appeal, Orr challenged the trial court’s jury selection decisions, the State's closing argument, and his sentence for the firearm charge.
Issues
| Issue | Orr's Argument | State's Argument | Held |
|---|---|---|---|
| Jury Strikes | Improper to strike 7 jurors for cause w/o adequate basis | Orr didn’t properly preserve his objection | Argument not preserved on appeal; no relief granted |
| Improper Closing Argument | Prosecutor’s remarks unfair, warranted mistrial/new trial | Objection not timely preserved for appellate review | Not prejudicial enough for relief; argument not preserved |
| Improper Sentence (Firearm Count) | — (No challenge raised) | — (No challenge raised) | 10-year term illegal; must be resentenced under statute |
| Sufficiency of Other Convictions | (No direct challenge) | Convictions proper | Murder/attempted murder/assault convictions affirmed |
Key Cases Cited
- Newsome v. State, 570 So. 2d 703 (Ala. Crim. App. 1989) (appellate review limited to properly preserved trial issues)
- Crook v. State, 276 Ala. 268 (Ala. 1962) (arguments about adversary’s position often permissible in closing)
- Hart v. State, 612 So. 2d 520 (Ala. Crim. App. 1992) (prosecutor’s comments require new trial only if entire trial is unfair)
- Hunt v. State, 659 So. 2d 998 (Ala. Crim. App. 1994) (illegal sentence is jurisdictional and can be noticed anytime)
- Towns v. State, 293 So. 3d 975 (Ala. Crim. App. 2019) (court must notice and correct illegal sentences ex mero motu)