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| Bland v. State, CR-02-2221,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 6, 2004, Released
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Overview: Where the Alabama Board of Pardons and Paroles essentially conceded that defendant received a full pardon for his burglary and grand larceny convictions, there was merit to defendant's claim that a habitual offender was erroneously imposed.
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| Carr v. State, CR-02-2192,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 6, 2004, Released
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Overview: Where defendant's single postconviction petition challenged multiple judgments that had been entered in multiple proceedings, the trial court should have dismissed the petition without prejudice rather than ruling on its merits.
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| Fowler v. State, CR-02-1967,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 6, 2004, Released
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Overview: Trial court properly summarily dismissed defendant's post-conviction relief petition as untimely without issuing findings of fact and conclusions of law, absent any relevant exemption, but the matter was remanded on jurisdictional grounds.
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| Melson v. State, CR-02-1304,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 6, 2004, Released
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Overview: As a trial court could not extend the time for an appeal, even to relieve against a mistake of appellant's counsel, the trial court's summary dismissal of appellant's post-conviction petition requesting an out-of-time appeal was proper.
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| Miller v. State, CR-99-2282,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 6, 2004, Released
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Overview: Trial court's failure to make specific and written findings of fact forced a remand, as the appellate court was unable to fulfill its statutory mandate and review defendant's various claims of error.
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| Owens v. State, CR-02-1814,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 6, 2004, Released
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Overview: Where defendant never received written notice of the conditions of his probation, the matter was remanded for the trial court to clarify whether it complied with the mandatory rule for providing the notice.
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| Tompkins v. State, CR-02-0548,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 6, 2004, Released
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Overview: Harassment conviction was affirmed, despite claims that both the indictment and warrant were defective. However, because the sentence imposed exceeded the statutory maximum, defendant was entitled to be resentenced.
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| Wood v. State, CR-01-0700,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 6, 2004, Released
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Overview: Defendant failed to establish trial attorneys' performance was deficient or prejudiced by deficient performance. Trial court's adoption of State's proposed order was not in error, as record was void of indication findings were clearly erroneous.
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