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| State v. Bolden, 1041094,
SUPREME COURT OF ALABAMA, October 28, 2005, Released
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Overview: As the trial court has not yet entered an order dismissing any counts of an indictment, an appeal, not a petition for a writ of mandamus or a writ of prohibition, was the proper vehicle by which to bring the trial court's dismissal of counts in an indictment before the appellate court.
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| Treslar v. State, CR-04-0628,
COURT OF CRIMINAL APPEALS OF ALABAMA, October 28, 2005, Released
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Overview: Trial court properly denied defendant's motion to suppress bank records which were turned over to law enforcement officers based on the privacy protections afforded by Ala. Code ¿ 5-5A-43, as she did not have a reasonable expectation of privacy from the banks in documents she was executing between herself and the bank.
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| Wells v. State, CR-04-2173,
COURT OF CRIMINAL APPEALS OF ALABAMA, October 28, 2005, Released
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Overview: Because the circuit court lacked jurisdiction to consider a defendant's second motion for reconsideration of his habitual felony offender sentence, and Ala. Code ¿ 13A-4-9.1 failed to mention the filing of more than one motion, the circuit court acted properly in summarily denying defendant's second reconsideration motion.
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| Wheeler v. State, CR-04-1553,
COURT OF CRIMINAL APPEALS OF ALABAMA, October 28, 2005, Released
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Overview: Of the claims raised in an Ala. R. Crim. P. 32 postconviction relief petition, only one had merit. Hence, remand was ordered on a claim that defendant's trial and appellate counsel were ineffective for not objecting to the trial court's alleged failure to administer the oath to the jury venire for the court to issue findings of fact in that regard.
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| Wilson v. State, CR-04-1448,
COURT OF CRIMINAL APPEALS OF ALABAMA, October 28, 2005, Released
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Overview: Order denying defendant's postconviction relief petition was remanded to address claims that his plea was involuntary; to state whether his amendment to said motion was denied, and if so, to set aside said denial and accept the amendment; and, to address whether sentencing enhancements were improperly applied to two trafficking convictions.
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