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| Russell v. State, CR-01-1604,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 31, 2003, Released
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Overview: Whether appellate counsel was ineffective for failing to raise the ineffectiveness of trial counsel in a motion for new trial was still a viable issue, and not procedurally barred. The matter was thus remanded to address the merits of the claim.
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| Ryan v. State, CR-01-2203,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 31, 2003, Released
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Overview: Defendant was not entitled to acquittal where evidence showed hunting house was "dwelling" under first-degree burglary statute. Failure to give jury instruction on second-degree burglary was not in error where house was "dwelling" not "building."
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| Smith v. Muchia, 1011701,
SUPREME COURT OF ALABAMA, January 31, 2003, Released
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Overview: Where a testator clearly set aside part of certain real estate to an heir, it was error for a trial court to find this unclear and order all real estate sold and divided among all heirs, although it could order the sale of the part not set aside.
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| Smith v. State, CR-01-2556,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 31, 2003, Released
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Overview: Direct appeal to appellate court of district court's revocation of probation was dismissed, as there was no adequate record or stipulation of facts, no stipulation that only legal questions were involved, and no certified question by district court.
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| Stallworth v. State, CR-98-0366,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 31, 2003, Released
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Overview: Defendant was not mentally retarded for purposes of prohibition on execution of mentally retarded. Death sentence was proper for two murders committed during robbery. Recidivism aggravating factor was left to trial court under Apprendi.
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| State Tenure Comm'n v. Jackson, 2010872,
COURT OF CIVIL APPEALS OF ALABAMA, January 31, 2003, Released
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Overview: School board's notice to the teacher of her proposed termination was adequate where the charges specified in the notice were sufficiently detailed to provide an adequate opportunity for the teacher to provide a defense.
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| State v. Sharp, CR-02-0294,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 31, 2003, Released
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Overview: Petition for writ of prohibition directing trial judge to vacate her order directing district attorney's office to reindict defendant and to record and transcribe grand jury proceedings was granted where order exceeded scope of judge's jurisdiction.
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| State v. White, CR-01-1660,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 31, 2003, Released
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Overview: Totality of the circumstances, including anonymous tip, much of which was corroborated, combined with defendant's nervousness and unusual furtive actions following lead call, was sufficient to establish reasonable suspicion for Terry stop.
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| Watson v. State, CR-01-1180,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 31, 2003, Released
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Overview: A challenge to a mistrial declaration at defendant's first trial was unpreserved. As the intentional murder was an element of the capital offense of murder during the course of a first-degree robbery, defendant could not be convicted of both.
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