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| Lewis v. State, CR-03-0480,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 28, 2006, Released
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Overview: Defendant's capital murder appeal had to be remanded; the record did not give enough evidence for appellate court to review his claim of discrimination in jury selection, but he raised an inference that prosecutor engaged in purposeful discrimination in using his peremptory challenges to eliminate four of the five potential African-American jurors.
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| Owens v. Prudential Cooper & Co., 2041036,
COURT OF CIVIL APPEALS OF ALABAMA, April 28, 2006, Released
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Overview: Judgment awarding landlord possession of property was affirmed because lease reserved landlord's right to terminate lease for default even in event it accepted rent after tenants defaulted and settlement agreement stated that, upon tenants' failure to exercise option, landlord had right to seek consent judgment awarding it possession of property.
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| S.T.E. v. State, CR-04-2298,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 28, 2006, Released
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Overview: Defendant's motion to suppress was denied as officer did not exceed scope of consent under Fourth Amendment to examine dog's food by looking in puppy food bag in plain view. Defendant gave consent for officers to examine dog's "surroundings" and "back areas" of apartment. Puppy food was found in back of apartment, which was accessible to dog.
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| Saffold v. State, CR-04-2068,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 28, 2006, Released
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Overview: As threat posed by defendant was not eliminated by steps victim took to apprehend defendant, as victim could have reasonably believed defendant had concealed loaded gun, denial of motion for judgment of acquittal was upheld. Statement to police was admissible as, inter alia, there was no evidence defendant was under influence of drugs or alcohol.
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| State v. Dean, 1050707,
SUPREME COURT OF ALABAMA, April 28, 2006, Released
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| Warren v. State, CR-04-2100,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 28, 2006, Released
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Overview: Defendant's conviction for first-degree robbery was reversed as defendant testified that he did not threaten victim and was not armed. As there was evidence to support defendant's claim that he was guilty of only third-degree robbery under Ala. Code § 13A-8-41 (1975), it was reversible error to refuse to instruct on lesser-included offense.
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| Watkins v. State, CR-05-0352,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 28, 2006, Decided
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Overview: Because the offense of attempted first-degree robbery did not exist in Alabama, the trial court lacked jurisdiction to render judgments and impose sentences against defendant for such an offense; however, the State could reindict defendant for the appropriate offense of first-degree robbery under Ala. Code § 13A-8-41(a).
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| Wiggins v. State, CR-04-1909,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 28, 2006, Released
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Overview: Although the circuit court conducted an evidentiary hearing, it made no specific findings in its summary denial of a prisoner's postconviction relief petition. Under Ala. R. Crim. P. 32.9(d), the circuit court was required to make specific findings of fact relating to each material issue of fact presented.
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| Wild v. Wild, 2040713,
COURT OF CIVIL APPEALS OF ALABAMA, April 28, 2006, Released
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Overview: Trial court erred in finding that a wife was incompetent and in appointing a guardian ad litem to represent her in a divorce action, as the trial court violated the wife's Fifth Amendment due process rights by holding the hearing on the issue without giving the wife notice and an opportunity to be heard.
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