Clough v. State

The trial court reversibly erred in failing to give a requested charge on voluntary manslaughter in the defendant's murder trial, since there was some evidence to support the charge.

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Appellant Duane Clough seeks review of his convictions related to the death of Christopher Watkins and the aggravated assaults of Michelle Clough, who was appellant’s estranged wife, and Mary Thomas, who was appellant’s mother-in-law.1 Appellant contends the trial court erred when it failed to give a requested charge on voluntary manslaughter. Because we agree, we now reverse in part.

The evidence shows that in the early morning hours of October 16, 2009, appellant drove by his mother-in-law’s house. Outside her home were several vehicles owned by Watkins which had been parked there for a few days prior to the incident. At that time, appellant and Michelle had been separated since February or March 2009, and Michelle had been staying at places other than the marital home in Alabama, including staying at her mother’s house in Carroll County. On the night in question, appellant began banging on the window of Thomas’s house at about 2 a.m. Sometime later, appellant broke into the house and went to the back bedroom where he found Michelle and Watkins sleeping. Appellant grabbed Michelle and tossed her across the room. When Watkins awoke, appellant stabbed Watkins to death. Michelle testified that neither she nor Watkins attempted to fight appellant. Both Thomas and Michelle stated that Watkins was praying aloud while appellant attacked him. During his attack of Watkins, appellant yelled, This is what you get for fing somebody’s wife. After killing Watkins, appellant severely beat Michelle, including hitting her with a chair and stomping a knife into her face. Meanwhile, Thomas made an attempt to call the police. When appellant saw Thomas with the phone in her hand, he attacked her with a glass snow globe and stabbed her hand with a knife. Appellant then fled the scene and went to his mother’s house where he was apprehended by authorities.

Clough v. State

The trial court reversibly erred in failing to give a requested charge on voluntary manslaughter in the defendant's murder trial, since there was some evidence to support the charge.

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