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   State Courts - Alabama - March 26, 2004
  
Adkins v. State, CR-99-0834, COURT OF CRIMINAL APPEALS OF ALABAMA, March 26, 2004, Released
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Overview: Inmate was not entitled to postconviction relief based on ineffective assistance of counsel where, inter alia, counsel made strategic choice not to present mental health evidence and inmate failed to show ineffectiveness in arguing pretrial motions.

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Bauer v. State, CR-03-0133, COURT OF CRIMINAL APPEALS OF ALABAMA, March 26, 2004, Released
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Overview: Where defendant was charged with crimes, but trial court, in revoking her probation, did not state that it was reasonably satisfied that she committed crimes and did not set forth evidence relied on in revocation, trial court's order was inadequate.

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Bentley v. State, CR-02-0263, COURT OF CRIMINAL APPEALS OF ALABAMA, March 26, 2004, Released
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Overview: Trial court erred in ordering a third mental health evaluation of defendant where the experts for the State and the defense agreed that defendant was severely mentally ill, and the experts did not believe that further evaluations were necessary.

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Brooks v. State, CR-00-1134, COURT OF CRIMINAL APPEALS OF ALABAMA, March 26, 2004, Released
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Overview: Defendant's second petition for postconviction relief was treated as a petition for a writ of mandamus and was denied as moot, as the trial court had reissued its denial of the first postconviction petition and defendant had appealed.

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Bruno's Supermarkets, Inc. v. Massey, 2020520, COURT OF CIVIL APPEALS OF ALABAMA, March 26, 2004, Released
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Overview: Trial court erred in granting customer's motion for new trial as trial court had properly forbidden customer from testifying as to her medical insurers' subrogation rights and the customer made no further attempts to prove the subrogation interests.

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Buford v. State, CR-03-0042, COURT OF CRIMINAL APPEALS OF ALABAMA, March 26, 2004, Released
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Overview: Evidence supported capital murder convictions where defendant was recognized as one of three armed men who broke into residence where victim was shot and robbed. Questions as to defendant's intent and witnesses' credibility were jury questions.

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Bullard v. State, CR-03-0280, COURT OF CRIMINAL APPEALS OF ALABAMA, March 26, 2004, Released
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Overview: Because defendant's claims that the trial court improperly used two prior convictions to enhance his sentence and that his trial counsel rendered ineffective assistance could be meritorious, the trial court erred in not addressing them.

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C.M. v. State, CR-03-0197, COURT OF CRIMINAL APPEALS OF ALABAMA, March 26, 2004, Released
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Overview: Conviction for sexual assault on four-year-old victim was reversed as Stated failed to show victim resisted and thus, to show forcible compulsion. Physical and testimonial evidence was sufficient to sustain conviction as to five-year-old victim.

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Chandiwala v. Pate Constr. Co., 1021940, SUPREME COURT OF ALABAMA, March 26, 2004, Released
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Overview: Homeowner's negligent installation and supervision suit against construction and plastering companies was barred by two year statute of limitations that began to run on day inspection report notified owner that house exterior was not properly sealed.

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City of Huntsville v. Rowe, 1020868, SUPREME COURT OF ALABAMA, March 26, 2004, Released
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Overview: Trial court did not err in ruling that a taking of owners' property for an easement for an underground pipeline had to be compensated as if the entire fee-simple title to the property on which the easement lay had been taken.

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