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| McElyea v. State, CR-02-1754,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 30, 2004, Released
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Overview: Evidence was sufficient to support defendant's conviction for murder committed during a robbery because the only event that separated the murder from the robbery occurred when the perpetrators carried the victim's body to the car.
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| McKissack v. State, CR-02-1845,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 30, 2004, Released
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Overview: Because murder defendant had shown that there was a genuine concern that there could be inconsistencies between grand jury testimony and trial testimony of medical examiner and/or investigator; the grand jury proceedings should have been preserved.
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| McWilliams v. State, CR-01-0235,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 30, 2004, Released
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Overview: Denial of inmate's motions to amend his petition was not abuse of discretion, as the inmate caused the majority of the delays; the fact that counsel's efforts did not result in a sentence less than death did not make their performance deficient.
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| Moore v. Judicial Inquiry Comm'n, 1030398,
SUPREME COURT OF ALABAMA, April 30, 2004, Released
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Overview: Because a judge was found to have willfully disobeyed a court order requiring the removal of a religious monument he had erected in a courthouse, the sanction imposed removing him from office was upheld on appeal.
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| Pace v. State, CR-01-1249,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 30, 2004, Released
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Overview: Defendant's arguments that jurors should have been removed for bias, racial prejudice, and obtaining outside information were denied. His connection to murder weapon and to motel where murder occurred was sufficient corroborative evidence of guilt.
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| Perkins v. State, CR-02-1779,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 30, 2004, Released
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Overview: Three alternative counts of burglary-murder violated a defendant's rights against double jeopardy where the counts merely stated alternative methods of proving the single offense of capital murder committed during a burglary.
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| R.L.M. v. State, CR-03-0209,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 30, 2004, Released
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Overview: Order adjudicating defendant a delinquent for receiving stolen property was reversed as the State failed to show that the compact-disc player received had value. The State's witness testified that the compact-disc player was not worth anything.
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| Smith v. State, CR-02-1218,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 30, 2004, Released
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Overview: Trial court's violation of the Confrontation Clause by allowing the State to admit an autopsy report without testimonial evidence was harmless error, given the amount of evidence presented to support defendant's guilt, including his own testimony.
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| Smith v. State, CR-03-0341,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 30, 2004, Released
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Overview: Where a trial court had discretion in the length of sentence, as well as whether to make sentences consecutive or concurrent, a sentencing hearing was required. Where sentence was imposed without a hearing, case was remanded for resentencing.
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| Smith v. State, CR-02-2019,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 30, 2004, Released
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Overview: Defendant's two convictions for robbery violated double jeopardy principles where there was only one continuous robbery offense against the victim, in which she was robbed of the money out of the cash drawer and the wallet out of her purse.
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