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| Ray v. State, CR-05-0912,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 27, 2007, Released
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Overview: Judgment was affirmed as evidence was sufficient to support defendant's conviction of sexual abuse under Ala. Code § 13A-66-6(a)(1) since defendant's claim that Ala. Code § 13A-6-60(3) required that defendant commit touching was rejected. Victim testified that defendant made her put lotion on his private parts. His actions alone caused touching.
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| State Farm Mut. Auto. Ins. Co. v. Bennett, 1051721,
SUPREME COURT OF ALABAMA, April 27, 2007, Released
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Overview: An uninsured-motorist insurer had no purported uninsured motorist's statute of limitations defense under Ala. Code § 32-7-23 to preclude an insured's claim for uninsured-motorist benefits after the uninsured motorist was dismissed from the action for lack of service as the dismissal did not establish a procedural default.
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| Thompson v. State, CR-06-0658,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 27, 2007, Released
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Overview: The trial court erred in holding that defendant was ineligible for sentence reconsideration under Ala. Code § 13A-5-9.1 based on its determination that resentencing would be pointless because defendant was serving other life sentences. This was not a relevant factor in making the initial determination of eligibility for reconsideration.
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| Turrentine v. State, CR-05-1702,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 27, 2007, Released
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Overview: Circuit erred when it denied inmate's Ala. Code § 13A-5-9.1 motion to reconsider the life sentence that was imposed on him upon application of the Habitual Felony Offender Act (HFOA); the inmate's prior parole on the subject escape conviction was not a factor to be considered in determining whether he was eligible for sentence reconsideration.
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| Ward v. State, CR-05-1277,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 27, 2007, Released
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Overview: Under the broad definition of constructive possession recognized in Alabama, the evidence was sufficient to show that defendant exercised dominion and control over child pornography by viewing it on web sites, even though he had not copied or saved the files, and thus was in possession of child pornography pursuant to Ala. Code § 13A-12-192(b).
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