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   State Courts - Alabama - March 1, 2002
  
Dorsey v. State, CR-97-1522, COURT OF CRIMINAL APPEALS OF ALABAMA, March 1, 2002, Released
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Overview: Scheduling of death penalty sentencing five days after conviction was not plain error. Electrocution was not cruel and unusual, and trial court was constitutionally allowed to sentence defendant to death when jury recommended life without parole.

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Eubanks v. McCollum, 2000758, COURT OF CIVIL APPEALS OF ALABAMA, March 1, 2002, Released
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Overview: Appeal from judgment as matter of law for county officials in former inmate's suit over his incarceration beyond his sentence was dismissed. One of the parties, a court-appointed lawyer, had neither appeared nor been addressed in the judgment.

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Evans v. State, CR-00-2118, COURT OF CRIMINAL APPEALS OF ALABAMA, March 1, 2002, Released
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Ex parte E.J.M., CR-98-2351, COURT OF CRIMINAL APPEALS OF ALABAMA, March 1, 2002, Decided
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Ex parte Legal Envtl. Assistance Found., Inc., 1000563, SUPREME COURT OF ALABAMA, March 1, 2002, Released
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Overview: Water pollution control implementation procedures adopted by state environmental agency were rules which had to be adopted in compliance with formal administrative rulemaking requirements and did not qualify as exceptions to definition of rule.

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Ex parte Lfi Pierce, 1010693, SUPREME COURT OF ALABAMA, March 1, 2002, Released
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Freeman v. State, CR-00-2202, COURT OF CRIMINAL APPEALS OF ALABAMA, March 1, 2002, Released
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Overview: Defendant's prior second degree possession of marijuana conviction should not have been used to double his penalty; the demand reduction assessment act only applied to first degree possession of marijuana, not second degree.

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Hamilton v. State, CR-00-2320, COURT OF CRIMINAL APPEALS OF ALABAMA, March 1, 2002, Released
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Overview: As circuit court had no jurisdiction to rule on any motion concerning misdemeanor indictment, much less to amend indictment to charge greater offense, all circuit court action was set aside. Original misdemeanor indictment was still valid.

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Heflin v. State, CR-00-1270, COURT OF CRIMINAL APPEALS OF ALABAMA, March 1, 2002, Released
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Overview: Trial court did not err admitting results of Intoxilyzer 5000 results as test was statutorily valid, logbook did not have to be introduced into evidence, and practice of not recording problems into logbook did not affect admissibility.

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Heulett v. State, CR-01-0056, COURT OF CRIMINAL APPEALS OF ALABAMA, March 1, 2002, Released
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Overview: Convictions were affirmed, as defendant had opportunity to make a statement before sentences were pronounced. Remand to circuit court to give defendant chance to file proper petitions was unnecessary, as they would have been promptly dismissed.

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