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| Gissendanner v. State, CR-03-0935,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 3, 2006, Released
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Overview: Where defendant did not make a prima facie showing that the prosecutor exercised his peremptory challenges in a racially discriminatory manner, as his sole claim was based on the numbers of Black jurors struck from the venire, a trial court properly denied his Batson challenge without requiring the prosecutor to state reasons.
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| Holt v. State, CR-04-1250,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 3, 2006, Released
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Overview: Circuit court erred in denying an inmate's motion to consider his sentence filed under Ala. Code § 13A-5-9.1 for his 1987 first-degree robbery conviction without considering the circumstances surrounding the same and just concluding that anyone convicted of robbery, defined as a violent offense, was ineligible for sentence reconsideration.
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| Hyde v. State, CR-04-1092,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 3, 2006, Released
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Overview: As an inmate's postconviction relief petition pursuant to Ala. R. Crim. P. 32 was deemed "filed" pursuant to Ala. Code § 12-19-70 on the date that the petition and the request to proceed in forma pauperis under Ala. R. Crim. P. 32.6(a) were submitted to the trial court, they were timely; the contrary holding in Clemons was overruled.
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| L.J.K. v. State, CR-04-0060,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 3, 2006, Released
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Overview: Application for rehearing was denied as the trial court correctly overruled defendant's objection to the admission of the testimony from two witnesses as hearsay, so long as the declarants were present at trial to testify, and hence, no violation of the Confrontation Clause would result.
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| McRae v. Booth, 2040969,
COURT OF CIVIL APPEALS OF ALABAMA, March 3, 2006, Released
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Overview: Trial court properly exercised its equitable powers in siding with the decedent's son's desire to immediately inter the decedent's body, as such was consistent with public policy favoring a prompt and decent burial, the principle of a speedy interment, and recognition that a dead body must be laid away.
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| Norment Sec. Group v. Chaney, 2040845,
COURT OF CIVIL APPEALS OF ALABAMA, March 3, 2006, Released
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Overview: Because a trial court's order only resolved the issue of whether an employee gave sufficient notice to his employer of an alleged work-related accident under Ala. Code § 25-5-78 and did not determine disability or workers' compensation benefits, it was not a final judgment that would support an appeal.
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| Ross v. Blackburn, 2040825,
COURT OF CIVIL APPEALS OF ALABAMA, March 3, 2006, Released
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Overview: Although a landlord's failure to support his summary judgment motion with an Ala. R. Civ. P.56(c)(1) narrative summary of undisputed material facts properly supported a trial court's denial of his summary judgment motion, it did not warrant an Ala. R. Civ. P. 41(b) dismissal of the landlord's claim for unpaid rent.
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| Rowe v. Dunn, 2040447,
COURT OF CIVIL APPEALS OF ALABAMA, March 3, 2006, Released
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Overview: Trial judge's order enforcing a consent judgment and permanent injunction in favor of a landowner was upheld, as the court was able to properly balance the competing interests involved, the landowner met all the elements entitling her to a permanent injunction, and the injunction would not disserve the public interest.
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| Russaw v. State, CR-05-0191,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 3, 2006, Released
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Overview: Circuit court erred in summarily denying an Ala. R. Crim. P. 32 petition on grounds that a habitual offender sentence was based on a prior conviction that had been previously dismissed, and the State conceded to such. However, relief was properly denied on a claim which was time-barred and could have been previously raised at trial or on appeal.
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| Satterwhite v. City of Auburn, CR-03-2095,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 3, 2006, Released
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Overview: As a defendant failed to show that she was protected by the ADA, and entitled to have a service dog inside a store's premises, when she failed to leave when requested by both the store's manager and a police officer, her third-degree criminal trespass conviction was upheld and jury instructions regarding the ADA were properly denied.
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