The Alabama Supreme Court overturned the conviction and sentence due to prosecutorial misconduct at the first trial, and sent the case back for a new trial.

The case demonstrates that competent legal representation is critical to prevent innocent people from being condemned to die. At Drinkard's first trial, he was represented by one lawyer who did collections and commercial work, another who represented creditors in foreclosures and bankruptcy cases, and a recent law graduate. They failed to present the testimony of either of two doctors who would have told the jury that Mr. Drinkard had a severe back injury that made it physically impossible for him to commit the crime. He had been seen a neurosurgeon the very day that the crime occurred. The lawyers, who were appointed by the court, just introduced his medical records into evidence without having any witnesses explain them. No one explained what the medical terms meant, the severity of the injury, and how it made it extremely painful for Mr. Drinkard to walk. The lawyers failed to call an elderly man who was by the Drinkard home with a friend the evening of the crime and could have told the jury that Mr. Drinkard was at home at evening and barely able to move.

At the second trial, Drinkard was represented by a team of lawyers: Chris Adams, National Association of Criminal Defense Lawyers Resource Counsel placed at the Southern Center for Human Rights, Richard Jafee of Birmingham, and John Mays of Decatur, with the crucial investigative assistance from a team of investigators from the Southern Center of Human Rights led by Kate Weisburd.

This trial took place in Morgan County, Alabama, where just a month earlier a federal judge compared the county jail to slave ships. Gary Drinkard is one of the people who brought the conditions at the jail to the attention of the Southern Center for Human Rights, which joined Alabama lawyer John Russell in suing the jail. See: "Federal judge finds Alabama jail like a 'slave ship,' orders immediate reduction in population, other reforms."

Drinkard was released following the acquittal.