Yearby v. State of Alabama

March 23, 2012

COURT OF CRIMINAL APPEALS DECIDES, BASED ON CONSIDERATION OF FIRST IMPRESSION, THAT ALABAMA’S HINDERING PROSECUTION STATUTE DIRECTLY APPLIES TO THE ACT OF PROVIDING ASSISTANCE TO A PROBATIONER OF A CLASS A FELONY SOUGHT FOR VIOLATION OF PROBATION.

In 2009, an attempt to apprehend Jonathan Yearby from his brother Daniel’s house was made. Jonathan was being charged with violation of the terms and conditions of his probation. Prior to his violations he had been charged with rape and sodomy in the first-degree.

Jonathan Yearby was found in the return air vent of his brother’s house after Daniel had consented for officers to search his property. He stated that he had not been in contact with Jonathan for two weeks. Daniel was indicted with first degree hindering prosecution and second degree unlawful possession of marijuana. Yearby filed two motions; the first motion to suppress the unlawful possession charge and the second to dismiss the hindering prosecution charge. Both were denied.

Decision: Affirmed. An issue of first impression is presented. According to the statute of hindering prosecution in the first degree, a person is guilty of such if he or she provides assistance to a convicted felon. This is defined by subject statute as, “the intention to hinder the apprehension, prosecution, conviction, or punishment of…a Class A or B felony.”