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| Allen v. State, CR-04-0021,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 25, 2005, Released
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Overview: Since indictments did not allege that inmate was aided by another participant in the commission of the robberies, an essential element of second-degree robbery, trial court did not have jurisdiction to accept his guilty plea in the three second-degree robbery cases. Thus, his Ala. R. Crim. P. 32 postconviction relief petition was improperly denied.
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| Barrett v. State, CR-03-1310,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 25, 2005, Released
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Overview: Finding that defendant did not suffer from battered woman syndrome (BWS) and restriction on mention of BWS as aspect of self-defense was upheld as evidence failed to show she was engaged in intimate relationship with victim. Erroneous admission of prior acts evidence was harmless as witness testified in detail and without objection about incident.
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| Beck v. Ala. Bd. of Pardons & Paroles, CR-04-0023,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 25, 2005, Released
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Overview: The trial court lacked jurisdiction over an inmate's writ of certiorari in which he sought to have information he contended was false and erroneous expunged from the files of the Alabama Board of Pardons and Paroles. The inmate failed to serve the Board with the petition as required by Ala. R. Civ. P. 4.
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| Bruno's Supermarkets, Inc. v. Massey, 2020520,
COURT OF CIVIL APPEALS OF ALABAMA, February 25, 2005, Released
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Overview: Evidence relating to subrogation of paid medical expenses under Ala. Code ¿ 12-21-45 was required to be competent evidence. While an injured person in a slip and fall trial was permitted to present evidence about subrogation of paid medical expense, such needed to be competent, and the injured person failed to present such evidence.
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| Burger v. State, CR-03-0236,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 25, 2005, Released
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Overview: Indictments were insufficient to charge assault in the second degree in violation of Ala. Code ¿ 13A-6-21(a)(4) because the element of intent to cause physical injury was left to inference; however, the indictments tracked the language of Ala. Code ¿ 13A-6-22(a)(4) and therefore were sufficient to charge defendants with assault in the third degree.
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| Culver v. State, CR-03-1912,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 25, 2005, Released
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Overview: After defendant pleaded guilty to unlawful distribution of controlled substance, trial court erred in ordering five-year schoolyard and housing project enhancements under Ala. Code ¿¿ 13A-12-250 and -270 to run concurrently where clear legislative intent of sections was that enhancement penalties were not to run concurrently in an individual case.
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| Edward D. Jones & Co., L.P. v. Ventura, 1031752, 1031767,
SUPREME COURT OF ALABAMA, February 25, 2005, Released
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Overview: Where a beneficiary to two investment agreements sought to obtain a benefit from said agreements entered into by his conservator, he could not avoid application of the arbitration provisions contained therein. Thus, the trial court erred in denying motions to compel arbitration of his breach of fiduciary duty, fraud and suppression claims.
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| Ex parte Stephens, CR-04-0752,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 25, 2005, Released
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Overview: An inmate was entitled to mandamus relief and an out-of-time appeal with regard to the dismissal of his Ala. R. Crim. P. 32 petition, because he did not receive notice of the denial until after the time for filing an appeal of the same had expired.
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| Flowers v. State, CR-01-1489,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 25, 2005, Released
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Overview: Capital murder conviction, in violation of Ala. Code ¿ 13A-5-40(a)(1) and (a)(2), and accompanying death sentence were both upheld where: the propriety of the same was upheld, no plain error existed, defendant was competent, the instructions given comported with the law and the evidence, and the sentence was disproportionate.
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