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| Jenkins v. State, CR-97-0864,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2004, Released
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Overview: Petitioner's request for postconviction relief was properly denied where, inter alia, his appellate counsel before the state supreme court could not be deemed ineffective because petitioner had no right to counsel on a second appeal.
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| Jones v. State, CR-02-1185,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2004, Released
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Overview: First-degree robbery conviction and sentence of 99 years' imprisonment were both reversed as violative of the double jeopardy clause because both a felony murder committed during a robbery and the robbery itself were based upon the same conduct.
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| K.T.T. v. State, CR-03-0095,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2004, Released
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Overview: Where there was no indication in the record that defendant waived his right to a jury trial, jurisdiction of this appeal was in the circuit court, not the court of criminal appeals.
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| King v. State, CR-02-1823,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2004, Released
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Overview: Although defendant consented to the amendment of the indictment, it did not include an allegation that defendant was aided by another participant; therefore, the trial court lacked jurisdiction to accept defendant's guilty plea.
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| L.E.D. v. State Dep't of Human Res., 2030186,
COURT OF CIVIL APPEALS OF ALABAMA, February 27, 2004, Released
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Overview: Foster parents' action seeking a stay of certain adoption proceedings was properly dismissed by a juvenile court; jurisdiction over the action was in the probate court.
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| Marshall & O'Neal Enters. v. Miller, 2021018,
COURT OF CIVIL APPEALS OF ALABAMA, February 27, 2004, Decided
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Overview: Because the owners' counterclaims were stayed and were still pending in the trial court and because the trial court's judgment as to a builder's claims against the owners was not certified as final, the appeal was dismissed.
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| Maxwell v. State, CR-02-1662,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2004, Released
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Overview: Because the record did not reveal whether the circuit court ruled on defendant's motion to proceed in forma pauperis for his petition for postconviction relief, jurisdiction was in question and a remand for specific written findings was ordered.
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| McGhee v. Martin, 2020622,
COURT OF CIVIL APPEALS OF ALABAMA, February 27, 2004, Released
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Overview: Moving party, who failed to explain the necessity of outstanding discovery, and failed to use due diligence in attempting to discover the true identity of a fictitious party, was properly denied a continuance and an amendment to his complaint.
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| McKnight v. McKnight, 2021058,
COURT OF CIVIL APPEALS OF ALABAMA, February 27, 2004, Released
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Overview: An inequitable division of property existed where a husband was ordered to pay sizeable support and the parties' debts while the wife was granted significant property free of any debt; an award of children's post-majority expenses was improper.
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| Moore v. State, 2021187,
COURT OF CIVIL APPEALS OF ALABAMA, February 27, 2004, Released
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Overview: Order transferring a cause from the civil docket to the criminal docket failed to support an inmate's appeal, as it was not a final judgment. Thus, the appeal was dismissed.
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