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| Acklin v. State, CR-98-0330,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 28, 2000, Released
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Overview: Defendant's death penalty was affirmed, as there was no error or abuse of discretion in any of trial or sentencing proceedings and death was warranted by brutal nature of crime and defendant's lack of conscience.
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| Adamson v. State, CR-98-2277,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 28, 2000, Released
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Overview: Felony DUI offender was improperly sentenced under the habitual offender statute. Officer had authority to subject offender to breathalyzer exam based on his admission to officer that he was driving the vehicle.
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| Apicella v. State, CR-96-2285,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 28, 2000, Released
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Overview: Because trial court based its decision regarding absence of mitigating circumstance regarding criminal history on defendant's arrest record, rather than his convictions, case was remanded for resentencing.
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| B.E. v. State, CR-99-0018,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 28, 2000, Released
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Overview: Judgment affirmed; sexual acts against five-year old were accomplished by forcible compulsion as they were committed by older and bigger male family member who was exercising sole custodial control over victim.
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| Birmingham Zoning Bd. of Adjustment v. Jackson, 2990316,
COURT OF CIVIL APPEALS OF ALABAMA, April 28, 2000, Released
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Overview: Grant of zoning variance improper where applicant was not a "party aggrieved" within the meaning of a zoning ordinance because applicant did not own the subject property.
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| Butler v. State, CR-99-0189,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 28, 2000, Released
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Overview: Because defendant was present and participated in killing, instigated violence that led to death, and was available to support and render aid to friend who killed victim, prima facie case of murder during kidnapping established.
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| Carter v. State, CR-99-0754,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 28, 2000, Released
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Overview: Petition for a writ of habeas corpus should have been heard as a petition for Ala. R. Crim. P. 32 post conviction relief in the court of original conviction; the petition's dismissal was reversed and transferred to the convicting court.
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| Chestang v. Chestang, 1981370,
SUPREME COURT OF ALABAMA, April 28, 2000, Released
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Overview: A party continuing to violate a court ordered injunction against interfering with an easement was adjudicated in civil contempt of court for violating the injunction and correctly assessed damages for the violation.
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| Christ v. State, CR-99-0191,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 28, 2000, Released
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Overview: Appeal not perfected where the record failed to contain a stipulation the case involved only a question of law or appellant's prior waiver of a right to a jury trial.
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