DOTHAN, Ala. (WDNews) — The Alabama Court of Criminal Appeals has granted oral argument in the appeal of Mark David Johnson, a rare move that underscores the significance of the case.
Court records show the appellate court scheduled oral arguments for March 5, 2026, at 10 a.m. at the Leslie S. Wright Fine Arts Center at Samford University in Birmingham. The appeal stems from Johnson’s conviction in Houston County Circuit Court in September 2024.
According to the order, the Court of Criminal Appeals granted only eight oral arguments statewide during the entire year of 2025, making the decision to hear Johnson’s case in person highly unusual.
The court directed attorneys to focus on two specific issues. Those include whether the circuit court violated Johnson’s constitutional right to due process when it dismissed a juror without cause and denied a mistrial, and whether Johnson was entitled to judgments of acquittal on two counts.
Each side will be allowed 30 minutes to present arguments and answer questions from the court.
Attorney Dustin Fowler, part of Johnson’s defense team, emphasized the importance of the ruling.
“Whether handling criminal defense, personal injury cases, or other complex litigation matters, our firm prepares every case for the full distance, and Mr. Johnson’s case is no exception,” Fowler said.
Johnson’s legal team includes Fowler and Steve Etheredge of Buntin, Etheredge & Fowler, LLC, along with Attorney Jennifer Tompkins and J.D. Lloyd and Alisha McKay of the Law Offices of J.D. Lloyd.
The Court of Criminal Appeals is the highest court to review criminal cases in Alabama short of the Alabama Supreme Court. A decision following oral arguments could have significant implications for the outcome of Johnson’s case.
