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| Robbins v. Sanders, 1021505,
SUPREME COURT OF ALABAMA, February 27, 2004, Released
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Overview: Corporate officer was liable for any breach of fiduciary duty that occurred while decedent's estates were the minority shareholders, but, pursuant to the survival statute, it was not liable for acts that occurred while decedents were still living.
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| Rozell v. Childers, 2021066,
COURT OF CIVIL APPEALS OF ALABAMA, February 27, 2004, Released
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Overview: Statute of Frauds did not apply to an agreement between siblings for a monetary loan, where said agreement had already been executed as to brother-lender, and all that remained was for the brother-lender to receive consideration or performance.
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| Stutts v. State, CR-02-1591,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2004, Released
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| Tarver v. State, CR-00-2267,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2004, Released
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Overview: Sentencing court's finding that defendant was mentally retarded predated Atkins and Ex parte Perkins, so the finding was not conclusive as to whether defendant was mentally retarded such that his death sentence violated the Eighth Amendment.
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| Walker v. State, CR-02-0949,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2004, Released
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Overview: Officers were excused from complying with announcement of purpose requirement of knock and announce rule as they repeatedly knocked and announced their presence and authority, without response, and announcement of purpose would have been futile.
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| Whitson v. State, CR-03-0020,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2004, Released
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Overview: Where the record did not show whether a trial court had jurisdiction to rule on defendant's postconviction petitions, the matter was remanded for findings as to whether defendant was to proceed in forma pauperis or had paid a filing fee.
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| Yeomans v. State, CR-01-0701 ¿¿,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2004, Released
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Overview: Double jeopardy principles were violated where defendant was sentenced for three counts of capital murder of two or more persons pursuant to one scheme or course of conduct because separate charges were alternative methods of charging same offense.
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| Young v. State, CR-02-1611,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2004, Released
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Overview: Where theft was a lesser included offense of robbery, defendant could not be convicted of both, as such led to being placed twice in jeopardy for the same offense. Thus, the conviction and sentence for the same were due to be vacated.
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| Young v. State, CR-02-1258,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2004, Released
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Overview: Defendant's claims of ineffective assistance of counsel were neither properly preserved for appellate review nor clear on the face of the record on appeal. Defendant also did not explain how he was prejudiced by counsel's waiving closing argument.
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