Alabama, April, 2005, State Case law

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State Courts - Alabama - April 29, 2005

Mount v. State, CR-04-0275, COURT OF CRIMINAL APPEALS OF ALABAMA, April 29, 2005, Released
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Overview: If defendant was sentenced as offender with three prior felony convictions when only two of them could have been used for enhancement since one was element in proving escape, then his sentence was illegal regardless of whether he stipulated to the prior convictions or agreed to sentence. Summary denial of postconviction relief was improper.

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Payne v. State, CR-03-1524, COURT OF CRIMINAL APPEALS OF ALABAMA, April 29, 2005, Released
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Overview: Since an indictment charging defendant with first-degree burglary did not allege that defendant entered the victim's dwelling with the intent to commit a specific crime, which was a necessary element of the crime of burglary under Ala. Code ? 13A-7-5(a)(2), the indictment and defendant's resulting conviction for first-degree burglary were void.

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Scott v. State, CR-03-1202, COURT OF CRIMINAL APPEALS OF ALABAMA, April 29, 2005, Released
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Overview: Defendant's conviction for obscenity crime under Ala. Code ? 13A-12-200.11 was affirmed. The absence of an express statement in ? 13A-12-200.11 as to requisite mental state did not render the statute unconstitutionally vague but, instead, indicated that offense could be committed intentionally, knowingly, recklessly, or through criminal negligence.

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State v. Esco, CR-03-1035, COURT OF CRIMINAL APPEALS OF ALABAMA, April 29, 2005, Released
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Overview: Granting defendant's motion to dismiss the prosecution against him before his retrial on a charge of driving under the influence of alcohol (DUI) after jury was unable to reach a verdict on it in first trial was error; improper lane usage charge on which he had been acquitted and DUI charge were not the same offense for double jeopardy purposes.

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State v. McClain, CR-03-1453, COURT OF CRIMINAL APPEALS OF ALABAMA, April 29, 2005, Released
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Overview: Where a trial court dismissed an indictment charging defendant with second-degree domestic violence based on his second-degree assault of his wife because of a lack of evidence, the court reversed the judgment of the trial court because a lack of evidence was not a viable basis for dismissing an indictment under Ala. R. Crim. P. 13.5(c)(1).

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State v. Pickett, CR-04-0466, COURT OF CRIMINAL APPEALS OF ALABAMA, April 29, 2005, Released
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Overview: As a sentencing court had no authority to suspend the mandatory three-year term of imprisonment for a defendant sentenced to 20 years under the Split-Sentence Act, Ala. Code ? 15-18-8, a judge had no authority to suspend any portion of an inmate's mandatory three-year term of imprisonment.

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Whitlock v. State, CR-03-2175, COURT OF CRIMINAL APPEALS OF ALABAMA, April 29, 2005, Released
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Overview: Where no record of probation revocation hearing was made, and case action summary did not indicate that hearing was conducted in accordance with Ala. R. Crim. P. 27.6, or that defendant waived a hearing and admitted to a probation violation in accordance with Ala. R. Crim. P. 27.5(b), case was remanded for findings and, if needed, a hearing.

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Williams v. State, CR-03-2051, COURT OF CRIMINAL APPEALS OF ALABAMA, April 29, 2005, Released
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Overview: Trial court erred in denying defendant's request to give jury instruction on self-defense; evidence existed from which jury could find defendant reasonably believed, pursuant to Ala. Code ? 13A-3-23, that it was necessary to use deadly force against victim and that defendant, pursuant to Ala. Code 13A-3-23(b)(1), could not have retreated instead.

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Wilson v. State, CR-02-0394, COURT OF CRIMINAL APPEALS OF ALABAMA, April 29, 2005, Released
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Overview: Although evidence of defendant's guilt was overwhelming, this did not preclude him from presenting and receiving review of his motions to amend his postconviction claims in accordance with Ala. R. Crim. P. 32. At a minimum, he was entitled to a thorough review of all his properly pleaded claims.

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Wimberly v. State, CR-99-1241, COURT OF CRIMINAL APPEALS OF ALABAMA, April 29, 2005, Released
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Overview: As defendant was 17 years old when he committed a murder and it was a violation of the Eighth and Fourteenth Amendments to impose a death sentence on an offender who was under the age of 18 at the time the crime was committed, his sentence of death was due to be set aside. Defendant's counsel did not have an actual conflict of interest.

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