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| Alexander v. Dothan City Bd. of Educ., 2020810,
COURT OF CIVIL APPEALS OF ALABAMA, February 27, 2004, Released
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Overview: Teacher's only remedy in having her retirement benefits calculated based upon a higher salary was via a petition for certiorari. Where she failed to seek it, but instead sought declaratory relief, the action was non-justiciable.
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| Borden v. State, CR-02-1314,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2004, Released
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Overview: Where defendant set out approximately nine pages of facts underlying an Atkins claim, it was sufficiently pleaded; the circuit court erred in finding that defendant failed to meet the postconviction procedural specificity requirements.
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| Cherry v. State, CR-02-2153,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2004, Released
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Overview: Where a trial court failed to issue a written revocation order setting forth the reasons defendant's probation was revoked and the evidence upon which the court relied, the matter was remanded for such an order.
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| Ex parte Clayton, 1030068,
SUPREME COURT OF ALABAMA, February 27, 2004, Released
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Overview: Where a factual issue remained in a separate prosecution involving a second victim of an alleged robbery, which was different than in the first trial involving the first victim, the accused was not entitled to dismissal of the second action.
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| Ex parte Peterson, 1021913,
SUPREME COURT OF ALABAMA, February 27, 2004, Released
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Overview: The trial court had jurisdiction to accept petitioner's guilty plea to felony murder on an amended indictment but had no authority to accept a March 2002 re-indictment. Any prosecution under the March 2002 indictment violated double jeopardy.
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| Ex parte Phillips, CR-03-0348,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2004, Released
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Overview: Where an inmate's postconviction petition was filed approximately 20 years after the limitations period expired and did not raise a jurisdictional claim, mandamus was unavailable, as the trial court lacked jurisdiction to entertain the petition.
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| Ex parte Privett, 1030065,
SUPREME COURT OF ALABAMA, February 27, 2004, Released
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Overview: Where a judge was no longer assigned to an inmate's case, the inmate had no clear legal right to the relief sought and was owed no duty from the judge; therefore, the inmate's mandamus petition was denied.
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| Hardy v. State, CR-02-1626,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2004, Released
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Overview: Where defendant filed his petition for post-conviction relief within two years from the relevant triggering date, his petition was timely. Thus, dismissal of the same was reversed and the matter was remanded for a new hearing.
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| J.B. v. A.B., 2020982,
COURT OF CIVIL APPEALS OF ALABAMA, February 27, 2004, Released
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Overview: Biological father was entitled to relief from a order declaring his child dependent, and awarding custody to a third party, where the juvenile court lacked temporary emergency jurisdiction over the action and Alabama was not the child's home state.
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