IN THE CIRCUIT COURT OF BALDWIN COUNTY, ALABAMA STATE OF ALABAMA, Plaintiff, vs.

Stephen Nodine Defendant ) ) ) ) ) ) ) ) )

CC-10- 1745
Judge Partin

MOTION TO COMPEL THE STATE OF ALABAMA TO NOLLE PROSEQUI AND TO ENFORCE THEIR AGREEMENT WITH THE DEFENSE Comes now the Defendant and does hereby move this Honorable Court to Compel the State of Alabama to nolle prosequi the remaining counts of the indictment and to enforce the agreement made with the defense in the above-referenced case based upon the following: 1. The State of Alabama has made numerous promises to counsel for the Defendant that this case was to be nolle prosequi based on the superseding indictment that was returned in CC-11-1635 wherein the Defendant was charged with Criminally Negligent Homicide (and Perjury). 2. In reliance on these promises the Defense has honored a request from the State of Alabama asking the Defense to forebear filing its own motion to dismiss until such time as the State could file its own detailed motion to dismiss. 3. The State has blatantly reneged on this promise to the detriment of the Defendant. 4. This motion is made under the authority of Ex Parte Yarber, 437 So. 2d 1330 (Ala. 1983).

WHEREFORE, the Defendant requests this court to schedule an evidentiary hearing and to receive testimony in support of this motion.

DONE: October 24, 2011 /s/ John W. Beck JOHN W. BECK Attorney for Defendant (BEC021)

BECKDEFENSE.COM, INC. Post Office Box 931 Fairhope, Alabama 36533 (251) 990-5454 Office (251) 990-5410 Facsimile Email: john@beckdefense.com CERTIFICATE OF SERVICE I do hereby certify that on October 24, 2011 a copy of the foregoing pleading was automatically served on opposing counsel for the State of Alabama through the Alafile system. /s/ John W. Beck JOHN W. BECK Attorney at Law

IN THE CIRCUIT COURT OF BALDWIN COUNTY, ALABAMA STATE OF ALABAMA, Plaintiff, vs. Stephen Nodine Defendant ) ) ) ) ) ) ) ) )

CC-11-1635
Judge Partin

ORDER The court having considered the Defendants Motion to Compel and Enforce Agreement, it is hereby ORDERED that this matter shall be heard on the ______ day of _____________________, 2011.

Done this the _____ day of __________________, 2011.

________________________________ Hon. Charles C. Partin Circuit Court Judge