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| A.G. v. State, CR-05-2241,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 2, 2007, Released
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Overview: The summary denial of defendant's petition for postconviction relief, pursuant to Ala. R. Crim. P. 32, was upheld on appeal as defendant failed to sufficiently plead any facts with respect to his claims of ineffective assistance of counsel that satisfied the requirements of Ala. R. Crim. P. 32.3 and Ala. R. Crim. P. 32.6(b).
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| Bendolph v. State, CR-06-0259,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 2, 2007, Released
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Overview: Judgment was affirmed as federal affidavit indicated that defendant represented that she was armed with a weapon, and defendant's conduct would have constituted first-degree robbery in Alabama under Ala. Code § 13A-8-41(a)(1). Federal bank robbery conviction was properly treated as Class A felony under Alabama Habitual Felony Offender Act.
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| Bishop v. State, CR-06-2096,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 2, 2007, Released
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Overview: Defendant's Ala. Code § 13A-5-9.1 motion to reconsider his sentence was erroneously denied as a successive motion, as the jurisdictional limit of one reconsideration motion per defendant per case was overruled, but the case was not remanded because defendant had already been found to be a violent offender, so he was ineligible for reconsideration.
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| Bridgett v. State, CR-06-1011,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 2, 2007, Released
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Overview: Because of implicit credibility finding that appellant consented to use of key to open lockbox and fact that he did not challenge State's claim that he consented to actual search of lockbox, appellate court found that appellant consented to use of key to open lockbox and trial court did not err in denying motion to suppress marijuana found inside.
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| Bulger v. State, CR-06-1405,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 2, 2007, Decided
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Overview: Because defendant's allegations in his petition for postconviction relief satisfied his burden of proof under Ala. R. Crim. P. 32.3 to warrant an evidentiary hearing, the circuit court erred in summarily denying said petition. Thus, remand was ordered to allow defendant an opportunity to present evidence in support of his claims.
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| Bush v. Ala. Dep't of Corr., 1051342,
SUPREME COURT OF ALABAMA, November 2, 2007, Released
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Overview: An inmate's appeal was transferred to the Court of Criminal Appeals, Alabama, because the Court of Criminal Appeals had jurisdiction to review all certiorari petitions challenging actions by the Alabama Department of Corrections, regardless of when the relevant conduct of the inmate occurred.
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| C.C. v. State Dep't of Human Res., 2060630,
COURT OF CIVIL APPEALS OF ALABAMA, November 2, 2007, Released
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Overview: Because trial court did not hold hearing before terminating mother's parental rights to 11-month-old child, did not satisfy Ala. R. Juv. P. 24's requirements, and did not receive clear and convincing evidence of minimum standards required to terminate parental rights, judgment was reversed and case was remanded for hearing on petition to terminate.
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| Clanton v. DeAngelo, 2060904,
COURT OF CIVIL APPEALS OF ALABAMA, November 2, 2007, Released
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Overview: Because a landowner's appeal from a district court judgment to the circuit court was untimely filed, and he failed to seek an extension of time to file said appeal, the circuit court lacked jurisdiction over said appeal. Thus, any further appeal from the circuit court's orders was dismissed, as said appeal was taken from a void judgment.
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| Clemons v. State, CR-01-1355,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 2, 2007, Released
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