Alabama, May, 2006, State Case law | lexisONE® Community

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State Courts - Alabama - May 26, 2006

Moss v. Mosley, 2040992, COURT OF CIVIL APPEALS OF ALABAMA, May 26, 2006, Released
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Overview: Appeal was dismissed as amendment of amended equitable distribution order and of divorce judgment was void as corporation's motion for clarification was not a motion for clarification, but was an untimely Ala. R. Civ. P. 59(e) motion because it was aimed at amendment of amended equitable distribution order and of eight-year-old divorce judgment.

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Patrick v. Williams, 2050203, COURT OF CIVIL APPEALS OF ALABAMA, May 26, 2006, Released
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Overview: Trial court that had made a child custody award in a divorce case had continuing subject matter jurisdiction under PKPA and the Alabama UCCJEA. The child's grandmother, who sought custody, remained in Alabama; she was a "person acting as a parent"; the children had close ties to Alabama; and substantial evidence regarding them was available there.

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R.E.N. v. State, CR-04-1846, COURT OF CRIMINAL APPEALS OF ALABAMA, May 26, 2006, Released
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Overview: Because defendant, as the victim's father, was in a position of domination and control over the victim, there was sufficient evidence of forcible compulsion to convict him of first-degree rape and first-degree sodomy under Ala. Code ?? 13A-6-61, 13A-6-63; therefore, the trial court properly denied defendant's motion for a judgment of acquittal.

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Snowden v. State, CR-04-0975, COURT OF CRIMINAL APPEALS OF ALABAMA, May 26, 2006, Released
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Overview: Since the statutory elements and the facts supported a finding that trafficking in methamphetamine, Ala. Code ? 13A-12-231(11), and the unlawful manufacture of methamphetamine, Ala. Code ? 13A-12-218, were separate offenses, remand of defendant's case was required for judgment on two counts of his indictment. No Miranda violation was found.

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State v. Van Wooten, CR-04-2323, COURT OF CRIMINAL APPEALS OF ALABAMA, May 26, 2006, Decided
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Overview: The trial court erred in dismissing defendant's indictment on the basis that he had been denied his right to a speedy-trial. Although the trial court found, at the conclusion of a hearing, that the State had not made sufficient effort to try to serve the indictment on defendant, defendant failed to prove actual prejudice as a result of the delay.

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Sullivan v. State, CR-04-1947, COURT OF CRIMINAL APPEALS OF ALABAMA, May 26, 2006, Decided
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Overview: Because the allegations in defendant's postconviction petition might have been true, there might have been sufficient grounds for granting his petition; consequently, the trial court should have held a hearing pursuant to Ala. R. Crim. P. 32.9 or received evidence in an alternative manner as allowed by that rule.

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Tucker v. State, CR-05-0574, COURT OF CRIMINAL APPEALS OF ALABAMA, May 26, 2006, Released
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Overview: Because second-degree sodomy and second-degree rape were not lesser included offenses of first-degree sodomy and first-degree rape under Ala. Code ?? 13A-6-63(a)(3), 13A-6-61, the trial court lacked jurisdiction to accept defendant's guilty pleas to the second-degree offenses; therefore, defendant's convictions thereunder were void.

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Wilson v. State, CR-05-1013, COURT OF CRIMINAL APPEALS OF ALABAMA, May 26, 2006, Released
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Overview: Because defendant did not learn that his postconviction petition had been denied until after the time for filing a notice of appeal had expired, and because he filed an Ala. R. Crim. P. 32.2(c) petition for an out-of-time appeal within six months after learning about the denial, defendant was entitled to an out-of-time appeal.

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