 |
|
 |
|
|
Access State and Federal Case Law, plus U.S. Supreme Court cases — for free!
Click on any of the case links below to view the full text of that case — for free — through lexisONE®, a legal research and news service from LexisNexis®. Login is required — registration is free!
While viewing the full text of the case, select from upgrade options to Shepardize® or view the fully-featured case on lexis.com including Core Terms, Shepard's® Signals, Case Summaries, Print Options, and more. lexisONE offers access to comprehensive content and flexible services for faster, more efficient legal research. Review our flexible LexisNexis® subscriptions offered through daily, weekly or monthly research packages.
| Scrushy v. Tucker, 1050564,
SUPREME COURT OF ALABAMA, August 25, 2006, Released
View this case - free |
|||||
Overview: A corporation's former chief executive officer was found to have been unjustly enriched by the payment of bonuses, which were the result of vast accounting fraud, and, therefore, a trial court properly granted partial summary judgment to a shareholder as to the bonus claim in his derivative suit seeking restitution on that claim.
|
|||||
| Sheffield v. State, CR-05-1234,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 25, 2006, Released
View this case - free |
|||||
Overview: Trial court erred when it imposed life imprisonment sentence on defendant after a theft charge several years earlier was withdrawn and then reinstated when defendant got into subsequent criminal trouble for a burglary conviction arising out of same conduct; trial court was limited to imposing same 20-year sentence imposed for burglary conviction.
|
|||||
| Shivener v. State, CR-05-0978,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 25, 2006, Released
View this case - free |
|||||
Overview: Where trial court's original 15-year sentence imposed upon defendant for reckless murder under Ala. Code § 13A-6-2(a)(2) was valid, trial court lacked authority to modify sentence by increasing term to 20 years. Trial court then erred under Ala. Code § 15-18-8(a)(1) by imposing five-year split where maximum on 15-year term was three-year split.
|
|||||
| Skinner v. State, CR-05-0919,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 25, 2006, Decided
View this case - free |
|||||
Overview: An inmate was entitled to an opportunity to prove, as provided in Ala. R. Crim. P. 32.9, that his sentence under the Alabama Habitual Felony Offender Act was improperly based on a California conviction for receiving stolen property because the conduct at issue would have been a misdemeanor, not a felony, in Alabama at the time of the offense.
|
|||||
| State v. Black, CR-05-0982,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 25, 2006, Released
View this case - free |
|||||
Overview: Because the police officer who sought to retrieve a pistol permit, acting with defendant's consent, opened the car door and immediately detected the odor of marijuana, the officer was then authorized to conduct a warrantless search of the interior of the vehicle and to open the vinyl case from which the strong odor emanated.
|
|||||
| State v. Wilson, CR-04-1598,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 25, 2006, Decided
View this case - free |
|||||
Overview: Indictment charging defendant with unlawful possession of the precursor chemical pseudoephedrine with the intent that it would be used in the unlawful manufacture of a controlled substance was not defective for alleging possession of only one precursor substance because Ala. Code § 13A-12-217(a)(2) did not require evidence of multiple precursors.
|
|||||
| Stoinski v. State, CR-04-2527,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 25, 2006, Released
View this case - free |
|||||
Overview: Convictions for theft of property and receiving that property were permitted where defendant stole and disposed of, rather than retained, the subject property. Testimony of an accomplice's girlfriend was properly used to corroborate accomplice testimony, and question of the girlfriend's complicity was properly left for the jury's determination.
|
|||||
| Sullivan v. Eastern Health Sys., 1040172,
SUPREME COURT OF ALABAMA, August 25, 2006, Released
View this case - free |
|||||
Overview: Summary judgment was properly granted to a hospital operator in a breach of contract action because a physician's claim that he never received a letter advising him of a recommendation not to renew his medical-staff privileges did not establish a factual issue as to whether the letter was delivered to his office as required by medical-staff bylaws.
|
|||||
| Taylor v. State, CR-02-0706,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 25, 2006, Released
View this case - free |
|||||
Overview: Since neither the State nor the trial court had an opportunity to address petitioner's allegations, by applying the Strickland prejudice prong, that he received ineffective assistance of counsel, the appellate court ordered that petitioner's case be remanded to the trial court to make specific, written findings of fact in that regard.
|
|||||
| Vinson v. State, CR-05-1397,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 25, 2006, Decided
View this case - free |
|||||
Overview: Defendant's motion under Ala. Code § 13A-5-9.1 for reconsideration of his life sentence was improperly denied because an early parole he had previously received was not a factor in his eligibility for reconsideration, the trial court did not determine whether he was a nonviolent offender, and he was otherwise eligible for reconsideration.
|
|||||
Back to Top
| www.lexisnexis.com | About LexisNexis | Terms & Conditions | Customer Support | Contact Us |
| Copyright® 2009 LexisNexis , a division of Reed Elsevier Inc. All rights reserved. |
