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   State Courts - Alabama - August 29, 2003

  
Smith v. State, CR-02-0697, COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2003, Released
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Overview: Defendant's appeal from the denial of his motion to suppress following the entry of his guilty plea was remanded for a determination of whether he preserved the right to appeal that issue.

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Southern Energy Homes, Inc. v. Riddle, 2010428, COURT OF CIVIL APPEALS OF ALABAMA, August 29, 2003, Released
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Stafford v. State, CR-01-1875, COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2003, Released
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Overview: Because harassment required proof of an additional element, it was not a lesser-included offense of first-degree sexual abuse; therefore, the trial court lacked jurisdiction to convict defendant of harassment.

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Taylor v. State, CR-02-0823, COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2003, Released
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Overview: Petition attacking conviction for attempted murder was properly denied as to claims that were asserted by checking boxes on a form without providing specific facts; however, claims of ineffective assistance of counsel had to be considered on remand.

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Trawick v. State, CR-02-1369, COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2003, Released
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Overview: Where defendant's aggregate sentences were 20 years in prison, the trial court did not have jurisdiction to split the sentences and order him to serve 10 years in confinement and 10 years on probation.

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Turner v. State, CR-99-1568, COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2003, Released
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Overview: Defendant, who raped and killed a victim in a vicious manner while her two-year-old granddaughter was in the house, received a death sentence; appellate court independently weighed aggravating and mitigating factors and upheld the sentence.

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Vaughn v. State, CR-01-0026, COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2003, Released
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Overview: Where defendant's prior bad acts had no relevance to his state of mind at the time of the charged offense, the prejudicial effect of such evidence was far greater than its probative value; therefore, its admission was not harmless error.

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