In a case that explores the bond rights implicated by “Aniah’s Law,” the Alabama Court of Criminal Appeals recently presided over the appeal of Ex parte Billy Joe Carter, Jr. Arising from Shelby County, this case provides important insight into the application of Aniah’s Law while addressing the appropriate limits of the Ex Post Facto Clauses of the Alabama and United States Constitution.

In May of 2023, Billy Joe Carter, Jr. was arrested for rape in the first degree of an individual incapable of consent due to being physically helpless or mentally incapacitated. Three months after a magistrate set Carter’s bond, the State filed a motion requesting a pretrial detention hearing under §15-13-3 of the Alabama Code. §15-133-3, known as “Aniah’s Law,” provides certain offenses for which a defendant may be denied bail, including rape in the first degree. While the hearing was pending, Carter was held without bail.

Before the pretrial detention hearing, Carter moved for a reduction of his initial bond. Carter argued that under Rule 4.3 of the Alabama Rules of Criminal Procedure, his hearing should have been conducted by a judge rather than a magistrate. He also argued that Aniah’s Law, enacted in November 2022, was inapplicable to the offense, as the alleged rape occurred in 2021, in violation of the Ex Post Facto Clauses of the Alabama and United States Constitutions. The clause, in Alabama, states in relevant part, that “no ex post facto law…shall be passed by the legislature,” essentially prohibiting statutes from retroactively punishing prior behavior. Accordingly, Carter requested a reduction in his bail from $150,000 to less than $10,000.

At the hearing, the circuit court rejected Carter’s claims. While the Court acknowledged that, under Rule 4.3, the hearing must be conducted by a judge rather than a magistrate, the remedy of reduced bond was not applicable to Carter because his offense was not “bailable” under Aniah’s Law. Further, the Court found that, because Aniah’s Law is procedural, rather than substantive or related to punishment, the law could be applied retroactively. Accordingly, the circuit court reset Carter’s bond, slightly reducing the amount to $100,000.

In response, Carter petitioned the Alabama Court of Criminal Appeals, making the same two arguments in a writ of habeas corpus, requesting that the Court set aside the circuit court’s denial of his bond reduction. He reasserted that the application of Aniah’s Law violated the Ex Post Facto Clauses of the Alabama and United States Constitutions, and therefore Rule 4.3 entitled him to a reduced bond because the hearing was not conducted by a judge.

After reviewing Carter’s petition, the Court of Criminal Appeals affirmed the circuit court’s rulings. Rule 4.3(b)(3), which would otherwise allow Carter’s sentence to be reduced, did not apply because first-degree rape is not bailable. Under Aniah’s Law, the Court interpreted “bailable” to mean “mailable as a matter of right,” which, when applied to Rule 4.3, precluded the reduction of Carter’s sentence. The Court clarified that the Ex Post Facto Clauses apply to substantive rights, and bail is a procedural right. Therefore, the Court reasoned, Aniah’s Law could be fairly applied to Carter.

Ex parte Billy Joe Carter, Jr. illustrates the proper path through the complex maze of legal procedure, defining the limits of the Ex Post Facto Clauses while offering insight into the proper application of a young law. Although laws generally are not retroactively applicable to prior acts, Aniah’s Law is purely procedural and has no bearing on the elements of the offense or the associated punishment and therefore can fairly be applied. Further, Aniah’s Law overrides the requirements of Rule 4.3, indicating that when an offense is not “bailable” under the statute, Aniah’s Law governs.

If you have a Federal Criminal case, a State Criminal case, a Municipal Case or a Family Law case in the Northern District of Alabama, Middle District of Alabama, Southern District of Alabama, or any federal jurisdiction in the Eleventh Circuit, including Alabama, Florida, and Georgia, contact Joe Ingram or Joe Ingram Law LLC at 205-825-LAWS. Get Relief * Get Results.