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| Harris v. State, CR-04-1617,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 23, 2007, Released
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Overview: Defendant was denied his Sixth Amendment right to counsel after he terminated his defense attorneys before trial because he alleged they were not prepared and his motion to withdraw his guilty plea was denied. He did not expressly or impliedly waive his right to the assistance of counsel and he was not advised of the risks of appearing pro se.
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| Hodges v. State, CR-04-1226,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 23, 2007, Released
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Overview: Since the inmate pled sufficient facts to support a claim that trial counsel was ineffective for failing to conduct an adequate mitigation investigation and failing to present mitigation evidence during sentencing phase that counsel should have discovered, the inmate should have been afforded an opportunity to present evidence in support thereof.
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| Holmes v. Johnson, 2050912,
COURT OF CIVIL APPEALS OF ALABAMA, March 23, 2007, Released
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Overview: Appeal of denial of successive motion for relief from judgment which cited same grounds asserted in previous postjudgment motion was dismissed because successive Ala. R. Civ. P. 60(b) motions on same grounds were considered motions to reconsider the original ruling and were unauthorized. Denial was void judgment which did not support appeal.
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| King Dev. & Realty, Inc. v. Eslami, 2050543,
COURT OF CIVIL APPEALS OF ALABAMA, March 23, 2007, Released
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Overview: In an unlawful detainer action by a realty company, the trial court properly awarded the tenant damages for unlawful termination of the lease, as the issue of wrongful termination was raised in the tenant's pleading and was tried by the express or implied consent of the parties as contemplated by Ala. R. Civ. P. 15(b).
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| Mayfield v. State, CR-05-1886,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 23, 2007, Released
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Overview: After December 1, 2001, defendant fell within the category of inmates eligible to move for sentence reconsideration, requesting that the trial court resentence him under the amended provisions of Ala. Code § 13A-5-9. The trial court mistakenly found that defendant was ineligible for reconsideration of his 1993 sentence for life imprisonment.
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| Minshew v. State, CR-05-1864,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 23, 2007, Released
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Overview: Although defendant's claim that his sentences for theft exceeded maximum authorized was meritorious, his Ala. R. Crim. P. 32 motion for postconviction relief was moot because he was later convicted of attempted murder and sentenced to life imprisonment without the possibility of parole, and there was, in effect, no relief available to him.
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| Murray v. State, CR-05-1048,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 23, 2007, Released
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Overview: Trial court's failure, upon remand of defendant's original appeal regarding an indictment, to conduct an evidentiary hearing to create a record for basis of its ruling on speedy trial and vindictiveness claims left appellate court again unable to consider those matters on appeal; case was again remanded with directions to hold hearing.
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| Robinson v. Ala. Cent. Credit Union, 1051327,
SUPREME COURT OF ALABAMA, March 23, 2007, Released
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Overview: Trial court properly granted summary judgment to the former employer on the terminated employee's claim under the Alabama Age Discrimination and Employment Act, Ala. Code § 25-1-20 et seq., as he did not put forth substantial evidence to show that the former employer's stated reason for terminating his employment was pretextual.
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| State v. One 1987 Toyota Truck, 2051036,
COURT OF CIVIL APPEALS OF ALABAMA, March 23, 2007, Released
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Overview: Judgment was reversed as forfeiture of truck was not constitutionally excessive under Eighth Amendment because claimant was directly involved in criminal activity for which State sought forfeiture of truck, claimant pleaded guilty to unlawful possession of controlled substances, and value of truck was same as maximum applicable criminal fine.
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| Sumerlin v. Sumerlin, 2050615,
COURT OF CIVIL APPEALS OF ALABAMA, March 23, 2007, Released
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Overview: Judgment awarding wife martial residence under Ala. Code § 30-2-51(a) was affirmed as it had been regularly used for common benefit during marriage, it was equitable for wife to receive one parcel of real estate used by parties during marriage, and allowing husband to retain rental properties and business more than balanced awarding home to wife.
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