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| Spencer v. State, CR-04-2570,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 1, 2009, Released
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Overview: Death penalty was upheld for capital murder convictions; under Ala. R. App. P. 45A review, no plain error or defect adversely affected defendant's substantial rights. Override of jury's recommendation of life without parole was supported by significant weight given to Ala. Code §§ 13A-5-49(3), (5), (7), and (9) aggravating factors.
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| State v. Cromwell, CR-07-1211,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 1, 2009, Released
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Overview: Order granting defendant's motion to dismiss solicitation charge based on a finding that defendant satisfied renunciation requirement of Ala. Code § 13A-4-1(b)(1) was error because different inferences might reasonably have been drawn from the evidence and the issue should have been submitted to the jury, rather than determined by the court.
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| State v. Smith, CR-08-0281,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 1, 2009, Released
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Overview: Because the circuit court called a matter for trial on the same day that it granted the State's motion to reconsider with no apparent notice to the State that it intended to conduct a trial as to the remaining criminal charges pending against defendant, the State's procedural due process rights were violated.
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| Sturdivant v. State, CR-07-1234,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 1, 2009, Released
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Overview: Because the only testimony presented at defendant's probation revocation hearing was hearsay, and because an indictment alone could not serve as the sole ground for revoking defendant's probation, the State did not present sufficient nonhearsay evidence to support the revocation.
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| Ware v. State, CR-07-0754,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 1, 2009, Released
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Overview: Because defendant's probation-revocation hearing was not transcribed by a court reporter, and because the order did not state the evidence relied on by the circuit court in revoking defendant's probation as required under Ala. R. Crim. P. 27.6(f), the appellate court was unable to review the correctness of the circuit court's actions.
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| Witherspoon v. State, CR-07-1505,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 1, 2009, Released
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Overview: Defendant was properly convicted of Ala. Code § 13A-6-2(a)(3) felony murder; robbery participant would not have been killed by robbery victim but for conduct of defendant and participant in committing robbery. Ala. Code 13A-8-41(a)(1) and Ala. Code § 13A-6-2(a)(3) convictions violated double jeopardy; same robbery was the basis for both offenses.
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