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   State Courts - Alabama - January 28, 2005
  
Moss v. State, CR-03-1180, COURT OF CRIMINAL APPEALS OF ALABAMA, January 28, 2005, Released
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Overview: Appeals court reversed misapplication of property conviction, as it was not a lesser-included offense of charged offense of theft of property in first degree; misapplication required allegation that defendant was fiduciary and theft did not.

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R.W. v. State, CR-03-1801, COURT OF CRIMINAL APPEALS OF ALABAMA, January 28, 2005, Released
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Overview: A juvenile court properly denied a juvenile's motion to suppress a gun and marijuana; the police had reasonable suspicion to perform a Terry frisk which uncovered the gun, and the drugs were discovered in a legal search incident to arrest.

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State v. Collins, CR-03-0466, COURT OF CRIMINAL APPEALS OF ALABAMA, January 28, 2005, Released
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Overview: Trial court properly granted defendant's motion to suppress her confession; defendant did not knowingly and voluntarily waive her right to counsel, as an interrogator did not answer defendant's questions concerning her right to obtain counsel.

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Walker v. State, CR-03-0226, COURT OF CRIMINAL APPEALS OF ALABAMA, January 28, 2005, Released
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Overview: Jury recommended/trial court imposed death sentence for burglary-murder of woman was not disproportionate or excessive; jury found two aggravators and trial court found three statutory, and no non-statutory, mitigators and properly weighed them.

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Williams v. State, CR-04-0081, COURT OF CRIMINAL APPEALS OF ALABAMA, January 28, 2005, Released
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Overview: Trial court erred in denying defendant's petition for post-conviction relief challenging his conviction of second-degree robbery; the charge was not a lesser offense of the original charge, so the court lacked jurisdiction to accept the plea.

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