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   State Courts - Alabama - February 27, 2009
  
Barclay v. State, CR-06-1044, COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2009, Released
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Overview: Second remand was required in Ala. R. Crim. P. 32 action; circuit court exceeded scope of remand directions to provide inmate opportunity to prove his claim that oath had not been administered to jurors. Ala. R. Crim. P. 32.9 evidentiary hearing was skipped; State stated there was no evidence as to whether jury was sworn before receiving testimony.

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Bell v. State, CR-06-2136, COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2009, Released
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Overview: Evidence sufficiently supported defendant's conviction for capital offense of arson-murder in violation of Ala. Code ? 13A-5-40(a)(9); jury could have reasonably found that he intentionally started a fire in victim's home using candles in the living room after strangling the victim, and that murder and arson were part of continuous chain of events.

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Benson v. State, CR-07-1530, COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2009, Released
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Overview: Judgment was reversed as defendant's positive drug screen could not be the sole evidence to revoke defendant's probation, even though it was administered after defendant was placed on probation, as it was the result of conduct that occurred before he was placed on probation.

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Dison v. State, CR-07-0389, COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2009, Released
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Overview: Deputy marshal's statements to defendant during an arson investigation, that defendant was under oath and that making a false statement under oath was perjury, were not misrepresentations because the deputy marshal was authorized to administer an oath pursuant to Ala. Code ? 36-19-17, and defendant's motion to suppress was properly denied.

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Duck v. State, CR-07-1181, COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2009, Released
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Emerson v. State, CR-06-1835, COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2009, Released
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Overview: Probation revocation case was remanded because trial court failed in written order and transcript to make affirmative statement that adequately set forth evidence on which it relied in revoking probation and failed to make findings as to whether defendant had right to appointed counsel during the hearing pursuant to Ala. R. Crim. P. 27.6(b).

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Ex parte Bolton, 1071521, SUPREME COURT OF ALABAMA, February 27, 2009, Released
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Ex parte G.L., 2080260, COURT OF CIVIL APPEALS OF ALABAMA, February 27, 2009, Released
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Overview: Writ of mandamus issued directing juvenile court to instruct intake officer to accept for filing grandmother's dependent child complaint; Ala. R. Civ. P. 12 allowed grandmother to file complaint and allegations brought it within exceptions to rule circuit court retained jurisdiction after entering custody order in a divorce.

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Ex parte Marshall, 1071243, SUPREME COURT OF ALABAMA, February 27, 2009, Released
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Overview: Circuit court had jurisdiction to impose sentence because indictment charged defendant with DUI and with three prior DUI convictions, which set forth a felony, invoking the circuit court's jurisdiction pursuant to Ala. Code ? 12-11-30(2). Although State failed to prove one of three prior DUI convictions, circuit court retained jurisdiction.

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Ex parte McCormick, 1080149, SUPREME COURT OF ALABAMA, February 27, 2009, Released
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