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| Smith v. State, 1060427,
SUPREME COURT OF ALABAMA, May 25, 2007, Released
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Overview: Appellate court erred in not applying first two prongs of the three-prong test set forth in Ex parte Perkins in reaching its conclusion that, as a matter of law, defendant was mentally retarded and was therefore not eligible for the death penalty, and the trial court was directed on remand to consider all three prongs in making that determination.
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| State v. Jenkins, CR-05-1833,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 25, 2007, Decided
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Overview: Trial court erred in granting defendant's motion to suppress marijuana found at defendant's residence, as the warrant did not authorize an unconstitutional general search, and information provided by a confidential informant was not per se unreliable merely because the informant had never given information before.
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| Thornton v. Ala. Bd. of Nursing, 2060020,
COURT OF CIVIL APPEALS OF ALABAMA, May 25, 2007, Released
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Overview: Judgment was reversed as Ala. Code § 34-21-25(b) and Ala. Admin. Code r. 610-X-8-.03(4)(a) violation was not supported by substantial evidence as Alabama Board of Nursing's expert admitted that one positive drug test did not indicate that nurse was addicted, and nurse tested negative in preceding and subsequent drug tests.
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| Turner v. State, CR-05-2198,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 25, 2007, Decided
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Overview: Trial court erred in not determining whether representation by counsel was necessary for defendant in his probation proceeding; while a probationer did not have an unqualified right to counsel in such a proceeding, trial court should have discerned under Ala. R. Crim. P. 27.5(a)(3) and Ala. R. Crim. P. 27.6(b) whether defendant had such a right.
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| Wilson v. State, CR-06-0381,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 25, 2007, Decided
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Overview: Because the record revealed that the Department of Corrections did not refute the inmate's specific allegation in his habeas petition that he was entitled to additional credit for the time he spent in jail awaiting trial, the trial court erred in summarily denying said petition, and the matter was remanded for an evidentiary hearing.
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