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| Austin v. State, CR-01-2020,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 7, 2003, Released
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Overview: The manner in which the trial court split the sentence was illegal as it violated the Split Sentence Act by ordering defendant to serve 10 years in confinement when he could only serve a maximum of five years in prison.
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| Blunt v. State, CR-01-1799,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 7, 2003, Released
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Overview: As defendant was informed that he owed court-ordered monies, and he had failed to pay toward this amount at the time he was found delinquent, such evidence was sufficient to support the revocation of his probation.
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| Calloway v. State, CR-01-0771,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 7, 2003, Released
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Overview: Where defendant was promised a sentence in a plea agreement with the State, and a resentencing failed to comply with this promise, the trial court was required to allow defendant to withdraw his guilty plea.
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| D.B. v. State, CR-01-0616,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 7, 2003, Released
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Overview: State did not violate defendant's rights by taking DNA sample from him while he was on probation after conviction for reckless endangerment, and trial court properly denied motion to suppress DNA evidence used in defendant's trial on charge of rape.
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| Ex parte Summit Med. Ctr. of Montgomery, Inc., CR-01-2300,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 7, 2003, Released
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Overview: The trial court should have quashed the subpoena duces tecum, as it appeared from the comments made by the attorney at the motion hearing that the sole purpose of the subpoena was to go on a "fishing expedition" to see if he could find a witness.
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| Franklin v. State, CR-01-0812,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 7, 2003, Released
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Overview: Trial court complied with appellate court's instructions to find defendant guilty of theft of property in the third degree, because the State failed to prove an essential element of the charge of third-degree robbery.
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| Hunter v. State, CR-01-1608,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 7, 2003, Released
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Overview: In defendant's conviction for assault, there was sufficient evidence to create jury question as to whether victim suffered serious physical injury, where scar on victim's face from defendant's stabbing was very pronounced, causing disfigurement.
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| McNealy v. State, CR-01-2102,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 7, 2003, Released
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Overview: Circuit court erred in failing to adequately state the evidence relied upon in entering its order revoking probation. Thus, the matter was remanded in order for it state the evidence and the reasons relied upon in adjudging the same.
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| Murphy v. State, CR-01-1961,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 7, 2003, Released
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Overview: Trial court's order revoking defendant's probation was remanded, as trial court did not state conditions of probation defendant violated, and did not state to any extent substance of testimony used in revocation probation hearing.
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