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   State Courts - Alabama - September 26, 2008
  
A.L.L. v. State, CR-06-1500, COURT OF CRIMINAL APPEALS OF ALABAMA, September 26, 2008, Released
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Overview: Adjudication of defendant juvenile as youthful offender based on vehicular homicide charge was reversed as count failed to include mens rea element. Adjudication as youthful offender based on second degree assault was reversed as cuts and abrasions did not amount to "serious physical injury" and only supported finding of third degree assault.

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Ala. Dep't of Pub. Safety v. Barbour, 2070306, COURT OF CIVIL APPEALS OF ALABAMA, September 26, 2008, Released
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Overview: It was error to find that a license revocation period expired five years after a driver's final DUI conviction. Under Ala. Code ? 32-5A-191, a license had to be revoked for a period of five years for each conviction beginning with the fourth conviction; the revocation periods for the fourth and all subsequent convictions had to run consecutively.

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Bishop State Cmty. College v. Williams, 2060926, COURT OF CIVIL APPEALS OF ALABAMA, September 26, 2008, Released
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Overview: When a nursing instructor was told by a community college that he could not teach while his license was in a probationary status due to a disciplinary order of the Nursing Board, the Fair Dismissal Act did not give a hearing officer the authority to declare the disciplinary order a nullity, as the Board was not the instructor's employer.

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Borden v. State, CR-02-1314, COURT OF CRIMINAL APPEALS OF ALABAMA, September 26, 2008, Released
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Briggins v. State, CR-07-0691, COURT OF CRIMINAL APPEALS OF ALABAMA, September 26, 2008, Released
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Overview: Because the trial court erred in finding that defendant was ineligible for sentence reconsideration on the grounds that his parole had been revoked and his motion was successive, defendant was entitled to reconsideration of his sentence under Ala. Code ? 13A-5-9.1.

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Carson v. State, CR-07-0461, COURT OF CRIMINAL APPEALS OF ALABAMA, September 26, 2008, Released
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Overview: Because defendant was not properly informed of the minimum and maximum sentences that he was eligible to receive, and because his appellate counsel failed to file an appeal, the trial court erred in summarily dismissing his Ala. R. Crim. P. 32 petition for postconviction relief.

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Casteel v. State, CR-06-1987, COURT OF CRIMINAL APPEALS OF ALABAMA, September 26, 2008, Released
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Overview: Trial court erred in not appointing counsel to represent defendant during the pendency and later denial of his motion to withdraw guilty plea because that was a critical stage of the proceedings. Defendant was entitled to an evidentiary hearing on his motion at which he was represented by counsel.

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Cochran v. Cochran, 1061668, SUPREME COURT OF ALABAMA, September 26, 2008, Released
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Overview: Order modifying custody was reversed as older child's treatment with antidepressant was culmination of responsible process since mother sought help from psychologist, who referred her to psychiatrists. Psychiatrists could not be contacted or were not taking new patients. Child's pediatricians prescribed and monitored medication.

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Doseck v. State, CR-07-0198, COURT OF CRIMINAL APPEALS OF ALABAMA, September 26, 2008, Released
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Overview: Because defendant's motion to dismiss an indictment charging second-degree escape was based on a challenge of the sufficiency of the evidence, the trial court properly denied the motion pursuant to Ala. R. Crim. P. 13.5(c)(1).

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Ex parte Surtees, 1070386, 1070399, SUPREME COURT OF ALABAMA, September 26, 2008, Released
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Overview: After U.S. Supreme Court struck down franchise tax law, former Ala. Code ? 40-14-41, as violative of Commerce Clause, foreign corporation sought refund of taxes paid under ? 40-14-41. As Alabama Department of Revenue had not "reasonably relied" on overturned cases, it failed to establish an element of "extreme hardship'' defense to refund claim.

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