Alabama, February, 2003, State Case law

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State Courts - Alabama - February 28, 2003

Ala. Alcoholic Bev. Control Bd. v. City of Pelham, 1011803, 1011804, SUPREME COURT OF ALABAMA, February 28, 2003, Released
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Overview: City was not deprived of earmarked funds, as legislature had the power to retroactively cure and validate its prior appropriations without violating a vested right, as funds were never paid to the city, and the State never owed a debt to the city.

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Archie v. State, CR-01-0922, COURT OF CRIMINAL APPEALS OF ALABAMA, February 28, 2003, Released
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Overview: Trial court's failure to sua sponte conduct second competency hearing was not error as there was not reasonable doubt as to defendant's competency. Motion for acquittal was properly denied although defendant was mentally ill when she shot daughter.

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Austin v. State, CR-01-2020, COURT OF CRIMINAL APPEALS OF ALABAMA, February 28, 2003, Released
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Overview: A term of imprisonment which was legally imposed was valid and not subject to change by a trial court; however, where the term of sentence was split and the execution directed thereon was illegal, the matter was remanded for resentencing.

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Barnette v. State, CR-01-2419, COURT OF CRIMINAL APPEALS OF ALABAMA, February 28, 2003, Released
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Overview: Evidence that defendant offered the victim's stepfather money in an attempt to persuade her to change her statement, despite the fact that an official proceeding was not pending at the time, was sufficient to support bribing a witness conviction.

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Benjamin v. State, CR-01-1168, COURT OF CRIMINAL APPEALS OF ALABAMA, February 28, 2003, Released
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Overview: Defendant's motion for a new trial from his convictions, which was denied by operation of law without a ruling from the trial court, required remand for specific findings to be made by the trial court as to whether a new trial was justified.

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Broadway v. State, CR-02-0230, COURT OF CRIMINAL APPEALS OF ALABAMA, February 28, 2003, Released
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Overview: Record did not make clear whether defendant paid filing fee or whether trial court granted his request to proceed in forma pauperis; thus, remand was required to determine whether trial court had jurisdiction to deny his postconviction petition.

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C.J.L. v. M.W.B., 2010703, COURT OF CIVIL APPEALS OF ALABAMA, February 28, 2003, Released
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Overview: Modification of joint custody judgment was affirmed where the custody evaluator's reference to the parental alienation syndrome was not a diagnosis of the mother, making the Frye test inapplicable. Use of guardian ad litem was permitted in Alabama.

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Cameron v. State, CR-01-1845, COURT OF CRIMINAL APPEALS OF ALABAMA, February 28, 2003, Released
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Overview: Warrantless search was justified where officer was at residence for legitimate reason and encountered smell of marijuana, coupled with exigent circumstance of potential destruction of contraband evidenced by defendant's attempt to hide contraband.

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Clark v. State, CR-99-1062, COURT OF CRIMINAL APPEALS OF ALABAMA, February 28, 2003, Released
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Overview: In murder case, prosecutor's peremptory challenges did not violate Batson, reference to prior charge against defendant was not plain error, and jury's advisory sentencing verdict was not improper, as it found an aggravator beyond a reasonable doubt.

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Cogman v. State, CR-02-0074, COURT OF CRIMINAL APPEALS OF ALABAMA, February 28, 2003, Released
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Overview: Receiving stolen property indictment which failed to allege that defendant intended to receive property in question was void due to its failure to allege essential element. This was jurisdictional defect which could not have been waived.

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