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| Jackson v. State, CR-02-1998,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 26, 2004, Released
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Overview: Where the jury instructions amended an indictment by reconciling the variance between the allegations in the original indictment with the evidence presented at trial, the amendment did not run afoul of the procedural rules.
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| Kinchlow v. State, CR-02-2284,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 26, 2004, Released
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Overview: Where a trial court's order did not reflect the evidence relied upon or the reason or reasons it had for revoking defendant's probation, the matter had to be remanded for entry of a new order.
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| Lanham v. State, CR-02-1579,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 26, 2004, Released
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Overview: Where a videotape defendant possessed contained both nude adults and children, but focused on the children's nudity, appealed to the sexual urges of voyeurs and pedophiles, and lacked any literary and artistic merit, it was obscene.
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| Miles v. Foust, 2020849,
COURT OF CIVIL APPEALS OF ALABAMA, March 26, 2004, Released
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Overview: Sellers were not required to serve response to buyer's summary judgment motion at any particular time. Trial court erred in refusing to consider merits of motion and in failing to grant sellers hearing on their claims that motion was insufficient.
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| Morris v. Padgett, 2021028,
COURT OF CIVIL APPEALS OF ALABAMA, March 26, 2004, Released
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Overview: Although divorce judgment suspended father's child support obligation on grounds that parties had children for equal amount of time, it awarded custody to mother. Thus, father had to argue modification standard in order to obtain custody.
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| Patterson v. State, CR-03-0435,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 26, 2004, Released
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Overview: Denial of inmate's habeas petition alleging denial of due process was reversed as hearing officer who presided over the disciplinary hearing was also involved in the investigation of the charges, which resulted in admission of guilt by inmate.
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| Russell v. State, CR-02-1738,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 26, 2004, Released
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Overview: Case was remanded to trial court to determine whether defendant was properly notified of right to seek youthful-offender status, as defendant was 19 years old when offenses were committed and was eligible to request youthful-offender treatment.
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| Saffo v. State, CR-03-0149,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 26, 2004, Released
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Overview: Where the State did not refute defendant's allegation that the trial court never informed him of his right to appeal a murder conviction and sentence, the matter had to be remanded to address the merits of defendant's claim.
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| Simmons v. State, CR-02-1630,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 26, 2004, Released
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Overview: Trial court erred in summarily dismissing postconviction relief petition from petitioner's capital murder conviction and death sentence; state supreme court's clarification of amended time limit made it clear he timely filed his petition.
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| State v. Abner, CR-02-2190,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 26, 2004, Released
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Overview: Where defendant, passenger in vehicle that was stopped, was asked to get out of car after he became extremely nervous when officer asked for his driver's license, this did not constitute unreasonable seizure; officer reasonably feared for his safety.
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