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| Morton v. State, CR-03-2127,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 7, 2005, Released
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Overview: An indictment that charged defendant with theft of property totalling $ 1,000 was insufficient to support a conviction for first-degree theft, which required proof that the value of the property taken exceeded $ 1,000.
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| Perry v. City of Birmingham, 1030957,
SUPREME COURT OF ALABAMA, January 7, 2005, Released
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Overview: Summary judgment was properly granted in favor of a city in a resident's negligence claim where the resident failed to show that his mailing of his claim was the same as filing a claim, which was statutorily required.
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| State v. Hamlet, CR-03-0811,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 7, 2005, Released
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Overview: When defendant's counsel was retained a few days before trial and plea offers were not conveyed to defendant, resulting in a sentence of life imprisonment as a habitual offender, defendant's motion for postconviction relief was properly granted.
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| State v. Wheat, 1031845,
SUPREME COURT OF ALABAMA, January 7, 2005, Released
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Overview: When defendant died pending appeal of murder convictions, appellate court was to remand to trial court to note in record that conviction removed innocence presumption, but conviction was appealed and neither affirmed nor reversed as defendant died.
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| Wadsworth v. Markel Ins. Co., 2030824,
COURT OF CIVIL APPEALS OF ALABAMA, January 7, 2005, Released
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Overview: Successive motions filed by a plaintiff in a negligence and contract suit, attempting to revise or correct a judgment, were not within the jurisdiction of the trial court after it denied the first motion to revise.
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