DOCUMENT 46
ELECTRONICALLY FILED
10/22/2019 11:48 AM
44-CC-2019-000476.00
CIRCUIT COURT OF
LIMESTONE COUNTY, ALABAMA
BRAD CURNUTT, CLERK

IN THE CIRCUIT COURT OF LIMESTONE COUNTY, ALABAMA
STATE OF ALABAMA,
PLAINTIFF,
vs.

CASE NO. CC19-476

BLAKELY, MICHAEL ANTHONY,
DEFENDANT.
MOTION TO DISMISS COUNT NINE OF THE INDICTMENT FOR STATUTE OF
LIMITATION VIOLATION
Comes now the Defendant, by and through counsel and hereby moves this Honorable
Court to Dismiss Count Nine (9) of the indictment. As grounds, the Defendant states as follows:
1. Count 9 of the indictment charges the Defendant with “Theft of Property in the Fourth
Degree” under Ala. Code §13A-8-5.
2. Theft of Property in the Fourth Degree is a misdemeanor.
3. Count 9 of the indictment alleges, in pertinent part, that the Defendant “ . . . did knowingly
obtain or exert unauthorized control over, or did knowingly obtain by deception control over,
lawful U.S. currency and/or a check, to wit: a portion of the U.S. currency derived from a check
in the amount of $1500 and dated August 15, 2016 and/or a portion of the U.S. currency derived
from a check in the amount of $218.36 and dated August 22, 2016 . . .of some value that does not
exceed $500 . . .”
4. Ala. Code §15-3-2 states that “ . . . the prosecution of all misdemeanors . . . shall be
commenced within 12 months after the commission of the offense.”
5. In Nelson v. State, 151 Ala. 2, 43 So. 966 (1907), the Alabama Supreme Court ruled that
where a defendant pleads the statute of limitations as a bar to prosecution, the burden of proof is
upon the State to prove that the prosecution is legitimate.
Wherefore the Defendant respectfully contends that Count Nine (9) of the indictment
violates the statutes of limitations and Ala. Code §15-3-2 and therefore should be dismissed.

 DOCUMENT 46

Respectfully submitted this the 22nd day of October, 2019.

/s/ Robert B. Tuten

/s/ Marcus Helstowski

ROBERT B. TUTEN (TUT002)
ASB # asb-4036-e56r
Attorney for Defendant
TUTEN LAW OFFICES
256-536-6009

MARCUS HELSTOWSKI
Co-Attorney for Defendant
223 Eastside Square
Huntsville, Alabama 35801
256-534-3018

Alafilerbt@tutenlaw.com

mhelstowski@yahoo.com

Of Council:
Mark McDaniel
McDaniel and McDaniel, LLC
223 Eastside Sq
Huntsville, AL 35801
256-534-3018
CERTIFICATE OF SERVICE
This document has been filed electronically and served upon opposing counsel pursuant
to the Administrative Procedure for Filing Signing and Verifying Documents by Electronic
Means in the Alabama Judicial System. For any opposing counsel or unrepresented parties who
are not registered to file electronically, a copy of this pleading shall be served via the U.S. mail,
postage pre-paid, to the litigant’s address as maintained in the office of the Circuit Clerk.
Done this 22nd day of October, 2019.

/s/ Robert B. Tuten
ROBERT B. TUTEN