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   State Courts - Alabama - September 29, 2006
  
Abrams v. State, CR-05-0364, COURT OF CRIMINAL APPEALS OF ALABAMA, September 29, 2006, Released
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Overview: Trial court erred in denying defendant's post-conviction motion pursuant to Ala. R. Crim. P. 32 because defendant's claim that he was the victim of multiple prosecutions for the same course of conduct implicated the trial court's jurisdiction and, thus the claim was not exempted by procedural bars.

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Brand v. State, CR-05-0275, COURT OF CRIMINAL APPEALS OF ALABAMA, September 29, 2006, Decided
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Overview: Conviction for third-degree domestic violence was reversed and entry of judgment on lesser-included offense of harassment was ordered as evidence did not show defendant and victim were in dating relationship; among other things, victim stated relationship had never been romantic and no testimony indicated either affirmed relationship before others.

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Burgess v. State, CR-05-0421, COURT OF CRIMINAL APPEALS OF ALABAMA, September 29, 2006, Released
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City of Montgomery v. Zgouvas, CR-05-0039, COURT OF CRIMINAL APPEALS OF ALABAMA, September 29, 2006, Decided
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Overview: Appellate court upheld the constitutionality of Ala. Code ? 13A-11-8(b), finding that it was not overbroad as alleged by defendant; when considered in the context of the whole statute, it was obvious that the legislature intended the word "alarm" to only apply to situations when the speaker's words or actions caused fear of imminent danger.

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Cobb v. State, CR-05-0422, COURT OF CRIMINAL APPEALS OF ALABAMA, September 29, 2006, Released
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Overview: A defect in an indictment did not divest a circuit court of the power to try the case. Despite the fact that the indictment was not amended to add the fact that defendant was aided by another person who was actually present, the trial court had jurisdiction to accept his guilty plea to second-degree robbery.

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D.B. v. M.A., 2050034, 2050277, COURT OF CIVIL APPEALS OF ALABAMA, September 29, 2006, Decided
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Overview: Though a father's Nebraska judgment as to paternity of his child was valid and recognizable in Alabama, the custody determination by the Nebraska court was not since proper notice was not given to the adoptive couple who had moved with the child to Alabama.

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Ex parte Crouch, 1041458, SUPREME COURT OF ALABAMA, September 29, 2006, Released
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Overview: Because defendant's unexplained five-year delay in requesting leave to amend his 1998 Ala. R. Crim. P. 32 petition for postconviction relief constituted undue delay, and even assuming without deciding that the 1998 petition was still pending when he filed his 2003 petition, the circuit court did not err in dismissing the 2003 petition.

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Ex parte Gaddy, 1051359, SUPREME COURT OF ALABAMA, September 29, 2006, Released
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Ex parte Jones, 1051533, SUPREME COURT OF ALABAMA, September 29, 2006, Released
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Ex parte Starkey, 1051664, SUPREME COURT OF ALABAMA, September 29, 2006, Released
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