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   State Courts - Alabama - September 30, 2005
  
McInnish v. Riley, 1040436, SUPREME COURT OF ALABAMA, September 30, 2005, Released
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Overview: By enacting Ala. Code ? 29-2-123, authorizing the spending of appropriated funds by legislative committee created for that purpose, legislature usurped executive branch's role in violation of separation-of-powers doctrine (Ala. Const. ?? 42, 43); therefore, court should not have dismissed taxpayer's suit challenging statute's constitutionality.

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McPherson v. State, CR-04-0912, COURT OF CRIMINAL APPEALS OF ALABAMA, September 30, 2005, Released
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Overview: Because case involved only one unit of prosecution, which was defendant's act of discharging a firearm into an occupied dwelling in violation of Ala. Code ? 13A-11-61(a), fact that more than one person was in dwelling was irrelevant. Defendant's convictions for two counts of discharging a firearm into an occupied dwelling violated double jeopardy.

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Mollohan v. Jelley, 2030282, COURT OF CIVIL APPEALS OF ALABAMA, September 30, 2005, Released
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Overview: Under Ala. Code ?? 6-2-32, 30-3A-604(b), 20-year limitation period applied to enforcement of North Carolina child support order; father's failure to show counsel was unauthorized to appear in out-of-state action meant order was not void for lack of personal jurisdiction; arrearage amount was materially overstated, so recalculation was ordered.

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Poole v. State, CR-04-2224, COURT OF CRIMINAL APPEALS OF ALABAMA, September 30, 2005, Released
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Overview: Defendant's notice of appeal was untimely because it was not filed with proper official within 42 days of sentencing as required by Ala. R. App. P. 4(b)(1). When he deposited the notice with the circuit court without filing the notice with the circuit clerk, he assumed the risk that the notice would not be timely forwarded to the circuit clerk.

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State v. Humphries, CR-04-0371, COURT OF CRIMINAL APPEALS OF ALABAMA, September 30, 2005, Released
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Overview: Because the State's evidence supported a finding that defendant was not entrapped into illegal activity as a matter of law, the trial court erred in dismissing the charge of first-degree theft of property.

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State v. Strickland, CR-03-1955, COURT OF CRIMINAL APPEALS OF ALABAMA, September 30, 2005, Released
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Overview: Because the information given to a police officer and relayed in a "be on the lookout for" dispatch was specific and the caller's identity was ascertainable, a police officer had a reasonable suspicion to initiate a traffic stop of defendant; consequently, the trial court erred in granting defendant's motion to suppress.

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Thompson v. State, CR-04-0627, COURT OF CRIMINAL APPEALS OF ALABAMA, September 30, 2005, Released
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