Former Houston County Assistant District Attorney Mark Johnson is still in the fight—and his defense team is pushing forward at full force.
Former Houston County Assistant District Attorney Mark Johnson’s legal battle is far from over. In a rare and significant move, the Alabama Court of Criminal Appeals has granted oral argument in Johnson’s appeal—a decision that effectively reopens scrutiny of convictions once thought final.
The development is being viewed by legal experts as a major “on-offense” victory for Johnson’s defense team. This high-profile defense team includes Dustin 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 weight of this decision is best understood through the numbers. In the entire 2025 calendar year, the Alabama Court of Criminal Appeals granted oral argument in only eight cases statewide. Appellate courts typically decide the vast majority of cases based solely on written briefs. By granting oral argument, the court is signaling that the issues raised by Johnson’s attorneys require direct, adversarial examination in open court.
“This case is very much alive,” said a source familiar with the defense’s strategy. “The court does not take this step unless substantial, unresolved legal questions exist.”
The court’s decision to hear arguments suggests that the convictions are no longer insulated from challenge. Oral arguments are generally reserved for cases involving:
* Complex constitutional questions.
* Significant procedural issues in the lower courts.
* Legal precedents with far-reaching implications.
By forcing the case back into the spotlight, Johnson’s defense team has shifted the momentum. Rather than a routine denial, the case now enters a phase of heightened judicial examination, placing the legal and procedural foundations of the original trial under a microscope.
For Johnson, this represents a pivotal opportunity to dismantle the remaining pillars of the prosecution’s case at the highest appellate level short of the Alabama Supreme Court.
While the final outcome remains unsettled, one thing is certain: the signal from the court is unmistakable. The fight has not wound down—it has intensified.
And Johnson’s defense team isn’t backing down. They’re gearing up for a fight—and they’re ready to take it all the way.
