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| Esters v. State, CR-01-1872,
COURT OF CRIMINAL APPEALS OF ALABAMA** Note from the reporter of decisions: On July 14, 2003, on return to remand the Court of Criminal Appeals dismissed the appeal, without opinion., April 25, 2003, Released
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Overview: Court erred in denying defendant's petition to file late appeal without determining whether he had informed appointed counsel (later replaced by retained counsel) of his desire to appeal within a time reasonably sufficient to file notice of appeal.
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| Ex parte Dorsey, 1011507,
SUPREME COURT OF ALABAMA, April 25, 2003, Released
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Overview: Trial court erred in reinstructing jury after it returned conviction of felony murder for murder of 13-year-old boy. Felony murder was lesser included offense of capital murder, and conviction of felony murder acquitted defendant of capital murder.
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| Ex parte Mack, CR-02-0341,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 25, 2003, Released
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Overview: Inmate was entitled to mandamus relief, effectively allowing him discovery of the county's grand and petit juror demographic information to show a pattern of underrepresentation, but was not entitled to records from various law enforcement agencies.
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| Ex parte Med. Assur. Co., 1020566,
SUPREME COURT OF ALABAMA, April 25, 2003, Released
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Overview: The insurer was not entitled to mandamus as a result of the trial court's failure to provide 60 days of notice before the trial date that was set. The trial court had no obligation to provide 60 days of notice in a declaratory judgment action.
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| Ex parte Prof'l Bus. Owners Ass'n Workers' Comp. Fund, 1011786,
SUPREME COURT OF ALABAMA, April 25, 2003, Released
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Overview: Where a trial court's findings of fact in a workers' compensation appeal excluded inadmissible hearsay and a surviving spouse did not preserve the issue on appeal, the appellate court improperly based its opinion on the inadmissible evidence.
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| Ex parte Verzone, 1011820,
SUPREME COURT OF ALABAMA, April 25, 2003, Released
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Overview: Indictment indicting defendant for the armed robbery of one victim, when the evidence at trial indicated that another was the robbery victim, exposed him to the danger of a second trial on the same charge, and thus his conviction was reversed.
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| Harrison v. State, CR-01-2335,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 25, 2003, Released
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Overview: Though indictment did not state required element of mental culpability, it substantially tracked language of statute banning discharge of firearm into unoccupied vehicle and thus sufficiently apprised defendant of charge so he could prepare defense.
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| Hoffman v. City of Montgomery, CR-01-2011,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 25, 2003, Released
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Overview: Defendant's conviction of menacing was not against the weight of the evidence, as the prosecution was not required to prove that defendant's act of brandishing a handgun actually evoked a fear of imminent serious physical injury in the victim.
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| Hurricane Freddy's, Inc. v. Smith, 2000282,
COURT OF CIVIL APPEALS OF ALABAMA, April 25, 2003, Released
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