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   State Courts - Alabama - May 31, 2002

  
Fincher v. State, CR-01-0722, COURT OF CRIMINAL APPEALS OF ALABAMA, May 31, 2002, Released
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Overview: Trial court properly denied claim for post-conviction relief on grounds plea was involuntary, and sentence was illegal, as such was time barred, and nothing in the record supported claims circuit court lacked jurisdiction.

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Foster v. State, CR-01-0744, COURT OF CRIMINAL APPEALS OF ALABAMA, May 31, 2002, Released
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Overview: Apprendi did not require that the enhancements be charged in the indictment. Discussion of credits subsequent to the guilty pea did not make the plea involuntary. The trial court could not split defendant's single sentence.

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Fowler v. State, CR-01-0546, COURT OF CRIMINAL APPEALS OF ALABAMA, May 31, 2002, Released
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Harrison v. State, CR-00-0972, COURT OF CRIMINAL APPEALS OF ALABAMA, May 31, 2002, Released
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Overview: Defendant's conviction for murder during a robbery and sentence of death were affirmed as videotapes of defendant's interview with the police and the knife defendant used to kill the victim were admissible into evidence.

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Hollis v. State, CR-01-0060, COURT OF CRIMINAL APPEALS OF ALABAMA, May 31, 2002, Released
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Overview: Cause was remanded to vacate sentencing order where trial court improperly altered defendant's original sentences. Its only sentencing option was to impose that portion of the sentence that had been suspended at the original hearing.

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Key v. State, CR-99-0220, COURT OF CRIMINAL APPEALS OF ALABAMA, May 31, 2002, Released
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Overview: Considering defendant and the heinousness of the crime he committed, death sentence was neither excessive nor disproportionate, nor was such imposed under the influence of passion, prejudice, or any other arbitrary factor.

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Madden v. State, CR-00-2498, COURT OF CRIMINAL APPEALS OF ALABAMA, May 31, 2002, Released
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Mancuso v. State, CR-01-0283, COURT OF CRIMINAL APPEALS OF ALABAMA, May 31, 2002, Released
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Overview: Jury was not required to unanimously agree by which method defendant committed third-degree domestic violence, but was required only to unanimously agree that defendant committed one of the predicate offenses listed in the statute.

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Marshall v. State, CR-01-0204, COURT OF CRIMINAL APPEALS OF ALABAMA, May 31, 2002, Released
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Overview: Nothing in the circuit court's order indicated that it ever notified defendant of the dismissal of his first postconviction petition; therefore, defendant was entitled to the relief requested in his second petition.

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Merritt v. State, CR-01-0108, COURT OF CRIMINAL APPEALS OF ALABAMA, May 31, 2002, Released
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