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| Ala. State Bar v. Quinn, 1030869,
SUPREME COURT OF ALABAMA, August 26, 2005, Released
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Overview: Disbarment was not a manifestly excessive sanction, given an attorney's actions of being an accomplice to the distribution of marijuana, a serious crime, which, absent any mitigation, was supported by his false testimony, refusal to take responsibility, and contributing to the delinquency of a 14-year-old girl who had been entrusted into his care.
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| Baker v. State, CR-04-0068,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 26, 2005, Released
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Overview: Defendant failed to meet burden to show that he did not waive Sixth Amendment right to counsel knowingly, intelligently, and voluntarily as he sought hybrid representation to which he was not entitled and when trial court declined to allow defendant hybrid representation, he affirmatively insisted on proceeding pro se and waived right to counsel.
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| Beckworth v. State, CR-02-1077,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 26, 2005, Released
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Overview: Defendant's capital-murder conviction and death sentence were affirmed, as the evidence demonstrated that defendant was not mentally retarded, and the death sentence was neither excessive nor disproportionate to the penalty imposed in similar cases under Ala. Code § 13A-5-53, as the crime was especially heinous, atrocious, or cruel.
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| Block v. Ala. Dep't of Corr., CR-04-1417,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 26, 2005, Released
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Overview: Because an inmate challenged a classification that was not based on conduct that occurred while he was in prison and a liberty interest was not implicated, based on Boykins, McConico, and Ala. Code § 12-3-10, the Alabama Court of Civil Appeals had jurisdiction to hear the appeal of the denial of his habeas corpus/certiorari petition.
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| Carruth v. State, CR-03-0327,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 26, 2005, Released
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Overview: Because defendant's convictions on two counts of capital murder and the underlying felonies for each, a first-degree robbery and a first-degree burglary count respectively, violated the principles of double jeopardy, they were vacated. But, defendant's remaining capital and non-capital convictions, and the resulting death sentence, were affirmed.
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| Coleman v. State, CR-04-1218,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 26, 2005, Released
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Overview: Because defendant had no burden of proof at the pleading stage of an Ala. R. Crim. P. 32 proceeding and asserted a facially meritorious claim, i.e., that his sentence of life imprisonment exceeded the maximum authorized by law for his conviction of attempted first-degree rape, summary denial of the petition was improper.
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| Glover v. State, CR-04-0542,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 26, 2005, Released
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Overview: Defendant's out-of-time appeal, which the court granted, was nevertheless dismissed as he filed his Ala. R. Crim. P. 32 petition after the date in which such would have been timely filed and despite the fact that the State did not move to dismiss the same asserting that the statute of limitations applied.
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| Houston v. State, CR-04-0480,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 26, 2005, Released
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Overview: Defendant's conviction for theft by deception under Ala. Code § 13A-8-2 was affirmed; evidence was sufficient to show defendant intended to steal a tractor when he tendered a check for the balance due on it, he took the tractor to North Carolina, and he then stopped payment on the check.
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| Hunt v. State, CR-02-0813,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 26, 2005, Released
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Overview: Affidavits were properly excluded under Ala. R. Crim. P. 32.9(a) from postconviction relief evidentiary hearing where they were first presented at hearing and contained hearsay; finding of no plain error on Ala. R. App. P. 45A direct review of defendant's death sentence precluded finding of prejudice on ineffective assistance of counsel claims.
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