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| Goswick v. State, CR-03-1563,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 27, 2005, Released
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Overview: As (1) indictment charged defendant with knowingly and unlawfully entering "building" under Ala. Code ¿ 13A-7-6, rather than "dwelling" under Ala. Code ¿ 13A-7-5; (2) first-degree burglary was not lesser included offense of second-degree burglary; and (3) indictment's reference to ¿ 13A-7-5 was surplusage, he pleaded guilty to offense not charged.
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| Harris v. State, CR-01-1748,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 27, 2005, Released
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Overview: State's petition for rehearing was denied; appellate decision did not find reversible error in defendant's capital murder case because defense relied on residual doubt during penalty phase but because defense relied on it without conducting a reasonable investigation into possible mitigating evidence before deciding what defense to use.
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| Helms v. Barbour County, 1030596,
SUPREME COURT OF ALABAMA, May 27, 2005, Released
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Overview: Trial court erred in granting the motion to dismiss filed by the county, county commission, and county commission members as the claims presented against them by the property owners pursuant to Ala. Code ¿ 6-5-20 were sufficiently "itemized" to notify them of the alleged basis for the county's liability and the compensation demanded.
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| Johnson v. Sorensen, 1021945,
SUPREME COURT OF ALABAMA, May 27, 2005, Released
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Overview: Dismissal of coach's breach of contract suit against state university after his employment was terminated without cause when he accepted coaching job at another college was proper since university, its president, and athletic director were protected by Ala. Const. art. I, ¿ 14 sovereign immunity and there was no fraudulent suppression of that fact.
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| Jones v. State, CR-03-1179,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 27, 2005, Released
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Overview: Evidence of the circumstances leading to prior acts was properly admitted against defendant in his trial for stalking under Ala. Code ¿ 13A-6-90(a) since the evidence showed a pattern of conduct in stalking. The State proved its case by showing intent to place the victim in fear, and it did not have to show that the victim was actually in fear.
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| Kanellis v. Pac. Indem. Co., 2030860,
COURT OF CIVIL APPEALS OF ALABAMA, May 27, 2005, Released
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Overview: Owners failed to adduce evidence that insurer failed to perform its contractual duty to pay to repair their auto. Owners were obligated to read policy and had a conscious appreciation of danger of suffering a loss in event of collision involving auto resulting in a diminution of its value. Summary judgment for insurer and agents was proper.
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| Lee v. State, CR-04-0841,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 27, 2005, Released
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Overview: Where the appellate court could not determine from the record whether a probation revocation hearing was held as required under Ala. R. Crim. P. 27.6(a) or was waived as permitted under Ala. R. Crim. P. 27.5(b), the appellate court remanded the case to the trial court for findings as to whether a hearing was held or waived.
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| Miller v. Associated Gulf Land Corp., 2030426,
COURT OF CIVIL APPEALS OF ALABAMA, May 27, 2005, Released
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Overview: A judgment in favor of a land corporation upholding a restrictive covenant on a landowner's property restricting the use of her land for residential purposes was upheld on appeal in the landowner's declaratory action brought under Ala. Code ¿ 6-6-220 because the covenant ran with the land and was personal to the land corporation.
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| Murray v. State, CR-04-0741,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 27, 2005, Released
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Overview: Order denying defendant relief under his Ala. R. Crim. P. 32 petition for postconviction relief was remanded on his ineffective assistance of counsel claims, both as they related and did not relate to the voluntariness of his guilty plea, as such were not procedurally barred under both Ala. R. Crim. P. 32.2(a)(3) and (5).
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