Kidd v. State, 105 So. 3d 1261

Kidd was convicted of murder and sentenced as a habitual felony offender to life imprisonment.
The offense occurred July 2, 2009, when Kidd shot the victim, William Hampton, after a brief argument.
There was conflicting trial testimony about whether Hampton was armed and whether Kidd acted in self-defense.
Kidd testified he and Hampton were friends; Hampton allegedly demanded Kidd’s gun and an argument ensued.
Kidd argued the jury instruction on self-defense was misleading and that the State’s closing arguments were prejudicial; these issues were raised on appeal.
The appellate court affirmed the trial court’s judgment, holding the instruction correct and the other arguments unpreserved for review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Self-defense instruction compliance with statute	Kidd contends the instruction misstates § 13A-3-23(b)	The State argues the instruction tracks the statute and is proper	Instruction correct; not contrary to statute
Unlawful activity definition and duty to retreat preservation	Kidd asserts unlawful activity is limited to enumerated crimes	State argues broader interpretation; preservation lacking	Issue not preserved; court declined to review
Closing arguments prejudice	Kidd claims prejudicial statements about unlawful possession	No preservation; not reviewed on appeal	Not preserved; no reversible error

Ex parte Coulliette, 857 So.2d 793 (Ala.2003) (preservation and error preservation requirements)
Newsome v. State, 570 So.2d 703 (Ala.Crim.App.1989) (review limited to properly raised issues on appeal)
Pate v. State, 601 So.2d 210 (Ala.Crim.App.1992) (issues must be timely and specifically raised)
McKinney v. State, 654 So.2d 95 (Ala.Crim.App.1995) (requirement of specific objections to preserve errors)
Ex parte Frith, 526 So.2d 880 (Ala.1987) (waiver of grounds not presented to trial court)
Brewer v. State, 160 Ala. 66, 49 So. 336 (Ala.1909) (complete absence of fault in provoking difficulty)