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| Franklin v. State, CR-02-1497,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2003, Released
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Overview: The fact that a post-conviction relief petitioner admitted to three prior convictions during a guilty plea colloquy was of no consequence if, on remand, the claim that his third prior conviction was not valid was determined to have merit.
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| Gibbons v. State, CR-02-0445,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2003, Released
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Overview: Although the judge cautioned probationer not to make any statements because his counsel was not present, the record was ambiguous as to whether an initial determination was made concerning probationer's right to counsel at his revocation hearing.
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| Gill v. Burrell, 1021130,
SUPREME COURT OF ALABAMA, August 29, 2003, Released
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Overview: Court of Civil Appeals was required to determine whether an action to recover monies, or compensation for the same, met the minimum threshold requirements in order to confer subject matter jurisdiction to either the circuit or district court.
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| Harris v. State, CR-01-2585,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2003, Released
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Overview: Where a piece of a concrete block thrown into a victim's vehicle was adapted for the purposes of inflicting death or serious physical injury, it constituted a deadly weapon; thus, the trial court properly enhanced defendant's sentences.
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| Haskins v. State, CR-02-0563,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2003, Released
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| Hill v. City of Florence, CR-02-0978,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2003, Released
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Overview: The trial court properly admitted the results of defendant's breath test in his DUI prosecution where the testing instrument had a modem capability, because that variance between testing instruments did not affect the accuracy of the results.
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| Hyshaw v. State, CR-02-0635,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2003, Released
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Overview: Law that criminalized using a false identity to obstruct justice was neither unconstitutionally vague or overbroad because it was clear what conduct was prohibited and First Amendment was not implicated. Nor was there a single-subject rule violation.
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| Ingram v. State, CR-01-2224,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2003, Released
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Overview: Although defendant's 15-year habitual-offender sentence was within the statutory range, the trial court's execution thereof, i.e., split to serve one year and one day in prison with no probationary term, was illegal.
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| Kirby v. State, CR-02-0607,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2003, Released
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Overview: In DUI case, trial court properly admitted results of a breath test device that was not listed in a state's administrative code where a forensic expert timely testified that the device was the same instrument as one listed in the administrative code.
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