AL Supreme Court temporarily stays Montgomery officer's murder case

MONTGOMERY, AL (WSFA) - A temporary stay in the murder case of Montgomery police officer Aaron Cody Smith was ordered by the Alabama Supreme Court Friday.

The state's highest court ruled that Smith's case will not move forward until it has made a decision on his attorneys' petition of Writ of Mandamus.

Smith's attorneys petitioned the high court to force Judge Greg Griffin to recuse himself from the case. The Alabama Court of Criminal Appeals previously denied the officer's writ to force Griffin off the case.

Smith was scheduled for an immunity from prosecution hearing on Sept. 19 which will be stayed if a decision is not reached by that date.

The court ordered Griffin and the state to file responses to the petition for Writ of Mandamus within 14 days. Smith's attorneys will then have seven days from the time those initial briefs are filed to issue a response brief.

Justice Tom Parker recused himself from Friday's order.

Smith was indicted on one count of murder for a Feb. 25, 2016, traffic stop that ended with the shooting death of Gregory Gunn. The victim was unarmed but the defense says Smith was fighting for his life with he fired the fatal shots.

Timeline: Gregory Gunn's death and Officer A.C. Smith's arrest

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