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   State Courts - Alabama - September 26, 2008
  
Smith v. State, CR-05-0561, COURT OF CRIMINAL APPEALS OF ALABAMA, September 26, 2008, Released
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Overview: Circuit court did not abuse its discretion in summarily dismissing defendant's petition for postconviction relief under Ala. R. Crim. P. 32 because defendant failed to meet his burden of pleading under Ala. R. Crim. P. 32.3 and 32.6(b) regarding his claims of ineffective assistance of counsel and a sentencing violation based on mental retardation.

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State v. Anderson, CR-07-1171, COURT OF CRIMINAL APPEALS OF ALABAMA, September 26, 2008, Released
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Overview: Court violated separation of powers doctrine, Ala. Const. art. III, ? 43, as it dismissed indictment for second-degree property theft based on lack of evidence to support plea after defendant disputed factual basis for his plea and State presented no witnesses to establish factual basis. State could amend charge to third-degree theft or try case.

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State v. Davis, CR-06-2073, COURT OF CRIMINAL APPEALS OF ALABAMA, September 26, 2008, Released
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Overview: Motion to suppress was granted in error where deputy had reasonable suspicion to approach defendant based on informant's information, including description of bicycle and vehicle involved in drug transaction, location of transaction, route defendant traveled to conduct transaction, defendant's first name, and general description of defendant.

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Thomas v. State, CR-07-0094, COURT OF CRIMINAL APPEALS OF ALABAMA, September 26, 2008, Released
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Overview: Defendant was entitled to a new trial as record did not show he knowingly, intelligently, and voluntarily waived right to counsel; record did not indicate trial court advised defendant of dangers and disadvantages of self-representation, as trial court's statement was more in the nature of how trial court expected defendant to comport himself.

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Thompson v. Colsa Corp., 2070403, COURT OF CIVIL APPEALS OF ALABAMA, September 26, 2008, Released
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Overview: Trial court erred in approving a workers' compensation settlement because it limited its consideration to evidence as of date parties orally submitted agreement, but, under Ala. Code ? 25-5-56, settlement agreement was not approved until second hearing, and trial court should have considered all evidence before it at time of second hearing.

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Verren v. Verren, 2061054, COURT OF CIVIL APPEALS OF ALABAMA, September 26, 2008, Released
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Overview: Pursuant to Ala. R. Civ. P. 58(b), judgment in a divorce was non-final, and did not support an appeal, because there was no judicial determination as to whether husband had vested retirement benefits and, if so, amount of benefits wife was entitled to receive. Instead, trial court authorized "appropriate" agency to make those determinations.

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Weaver v. Weaver, 2070778, COURT OF CIVIL APPEALS OF ALABAMA, September 26, 2008, Released
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Overview: Former husband filed Ala. R. Civ. P. 59(e) motion to alter or amend divorce judgment; as the trial court failed to rule on motion within 90 days, under Ala. R. Civ. P. 59.1, motion was deemed denied by operation of law. Therefore, the trial court's subsequent ruling, which made substantive changes to the judgment, was void for lack of jurisdiction.

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