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| Lucious v. State, CR-05-0969,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2007, Released
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Overview: Denial of an Ala. R. Crim. P. 32 petition for post conviction relief was improper because the trial court failed to address the specific claims raised in the petition. The petitioner appeared to have met his burden of pleading.
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| Marks v. State, CR-06-0412,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2007, Released
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Overview: Judgment was affirmed as defendant's statement that he was with accomplices at store when robbery occurred, and surveillance video showing white car of certain model in parking lot when robbery occurred, independently corroborated accomplices' testimony under Ala. Code § 12-21-222.
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| Marshall v. State, CR-05-1035,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2007, Released
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Overview: Not granting defendant's motion for judgment of acquittal was not error; evidence was sufficient to support finding he remained in victim's apartment unlawfully with intent to assault her, in violation of Ala. Code § 13A-5-40(a)(4), due to evidence of a struggle there, and that he sexually abused victim in violation of Ala. Code § 13A-5-40(a)(8).
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| McNabb v. State, CR-06-1421,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2007, Released
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Overview: Inmate's Ala. R. Crim. P. 32 postconviction relief petition was remanded for the trial court to determine whether, as the inmate argued, three of his prior convictions used for sentencing enhancement under Ala. Code § 13A-5-9(c) were actually youthful offender adjudications from Florida, which could not be used for enhance his robbery sentence.
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| Mills v. State, CR-06-0984,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2007, Released
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Overview: Judgment was affirmed as Alabama did not lose jurisdiction over inmate when it transferred him to private prison facility in Louisiana since jurisdiction was not waived when inmate was transferred from convicting State to private correctional institution in another State under convicting State/institution contract.
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| Mosley v. State, CR-06-0557,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2007, Released
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Overview: Inmate was improperly sentenced as a habitual felony offender under Ala. Code § 13A-5-9 to 20 years' imprisonment after his conviction for child abuse under Ala. Code § 26-15-3 because child abuse was not an offense enumerated in Title 13A of the Alabama Code and had not been declared a felony.
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| N.J. v. Madison County Dep't of Human Res., 2060297,
COURT OF CIVIL APPEALS OF ALABAMA, August 31, 2007, Released
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Overview: Judgment was affirmed as grandmother could not protect children from harm posed by parental relationship under Ala. Code §§ 12-15-71(a)(3)c., 12-15-1.1(1), (8), and 12-15-62 since grandmother failed to direct oldest daughter to prevent mother from obtaining custody when grandmother was hospitalized.
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| Raney v. State, CR-06-1228,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2007, Released
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Overview: Circuit court erred in failing to address inmate's Ala. R. Crim. P. 32 claim that he had failed to appeal his robbery conviction through no fault of his own as the claim could have been meritorious; however, as the record was insufficient, the appellate court remanded so that specific findings could be made regarding the inmate's claim.
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| Sanders v. State, CR-06-0143,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2007, Decided
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Overview: Trial court did not err in admitting in a child sex abuse case the testimony of an expert witness that in her opinion, the child had been sexually abused; expert's testimony was not barred by Ala. R. Evid. 704 because the testimony was not about ultimate issue, defendant's guilt or innocence, but was about whether child had been sexually abused.
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