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| Jackson v. State, CR-04-2566,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 29, 2006, Decided
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Overview: A trial court erred by rejecting the State of Alabama's stipulation that an inmate was mentally retarded and hence ineligible for execution under Eight Amendment, as interpreted by Atkins v. Virginia, because the State's own experts stated that he was retarded, and the evidence in the record overwhelmingly supported that conclusion.
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| Keeton v. Keeton, 2050126,
COURT OF CIVIL APPEALS OF ALABAMA, September 29, 2006, Released
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Overview: Because a husband did not file a notice of appeal of a divorce judgment for more than 42 days after his Ala. R. Civ. P. 59.1 postjudgment motion was denied by operation of law, the husband's notice of appeal was untimely, and, therefore, was dismissed.
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| Lawrence v. State, CR-05-0068,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 29, 2006, Released
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Overview: Since to allow a prior felony to be used in accordance with the Habitual Felony Offender Act to enhance the sentence would result in the elevation of second-degree theft to a Class B felony in every case, it was improper to use the prior conviction that enhanced the misdemeanor charge to a felony charge to enhance defendant's sentence.
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| Madison v. State, CR-05-0052,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 29, 2006, Decided
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Overview: Relief under Ala. R. Crim. P. 32 was properly denied where, inter alia, inmate had six years to amend petition or take other action after motion to dismiss was filed, inmate's Brady claim failed as he failed to identify specific evidence State failed to disclose, and disbarment of appellate counsel did not require ineffective assistance finding.
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| Muldoon v. State, CR-04-1758,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 29, 2006, Decided
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Overview: Defendant's arrest for driving under the influence under Ala. Code § 32-5A-191(a)(4) was lawful because the new Uniform Traffic and Ticket Complaint (UTTC) was issued before the one-year limitations period expired and the fact that there was no alleged lawful arrest of defendant did not bar the prosecution through issuance of a UTTC.
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| Preachers v. State, CR-04-2544,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 29, 2006, Decided
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Overview: Where prosecutor did not ask any of veniremembers questions about whether they had been arrested, accused of crime, or taken to jail for any reason, prosecutor's reason for striking veniremember because he had been arrested or in jail, was no more than pretext for racial discrimination. Prosecutor's reliance on age to strike two others was suspect.
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| Robinson v. State, CR-05-2005,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 29, 2006, Decided
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Overview: Because the appellate court was unable to determine from the record whether defendant was represented by counsel or present with counsel at his arraignments, the claim was not subject to the procedural bars in Ala. R. Crim. P. 32.2; therefore, the case was remanded with instructions for specific, written findings of fact as to the claim.
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| Skelton v. City of Moody, CR-05-0944,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 29, 2006, Decided
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| Smith v. State, CR-05-0144,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 29, 2006, Released
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Overview: Police officer had not established sufficient reasonable suspicion for detaining defendant after issuing a citation for a misdemeanor and defendant should have been released pursuant to Ala. Code § 32-1-4(a). Information that defendant at some point in time had been involved with drugs was not enough for continued detention.
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