Alabama, January, 2003, State Case law

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State Courts - Alabama - January 7, 2003

Sims v. State, CR-01-1089, COURT OF CRIMINAL APPEALS OF ALABAMA, January 7, 2003, Released
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Overview: Trial court erred in denying defendant's post-conviction relief petition; defendant's claim that an indictment was nol-prossed and that he was never reindicted had merit, and the trial court did not make specific findings relating to the claim.

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State v. Gargus, CR-01-1468, COURT OF CRIMINAL APPEALS OF ALABAMA, January 7, 2003, Released
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Overview: The search of defendant's vehicle was a valid search incident to a lawful arrest because when she was stopped, the officer smelled burnt marijuana smoke, which established probable cause and justified a warrantless search of the vehicle.

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Turner v. State, CR-01-2112, COURT OF CRIMINAL APPEALS OF ALABAMA, January 7, 2003, Released
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Overview: Where defendant was indicted for third degree burglary, trial court did not have jurisdiction to accept defendant's guilty plea to unlawfully breaking and entering vehicle, as that offense was not lesser included offense of indicted offense.

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Whitson v. State, CR-00-2176, COURT OF CRIMINAL APPEALS OF ALABAMA, January 7, 2003, Released
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Overview: The trial court had no authority to enter defendant's guilty plea after the jury returned a verdict, which effectively set aside the jury verdict and, for all practical purposes, nullified the guilt-phase proceeding before the jury.

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