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| Landers v. Lowe's Home Ctrs., Inc., 2060303,
COURT OF CIVIL APPEALS OF ALABAMA, November 2, 2007, Released
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Overview: Application for rehearing in a worker's compensation case was overruled because the trial court did not commit reversible error in failing to make findings of fact under Ala. Code § 25-5-88, and the appellate court properly reviewed the record to determine if substantial evidence supported the trial court's permanent-partial-disability rating.
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| Lewis v. State, CR-03-0480,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 2, 2007, Released
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Overview: Defendant's death sentence was affirmed on appeal pursuant to Ala. Code § 13A-5-53, as the aggravating circumstances outweighed the mitigating ones; the capital murder was based on sufficient evidence that defendant severely beat the victim, shot him, and threw him off a bridge, which was especially heinous, atrocious, or cruel.
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| Mashburn v. State, CR-06-0328,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 2, 2007, Released
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Overview: In capital murder case, Batson challenge based on use of eight of 40 peremptory strikes to remove black veniremembers failed, as prosecutor struck black and white veniremembers who indicated they were unsure whether they favored death penalty. Failure to instruct defendant on right to withdraw guilty plea within 30 days of entry did not void plea.
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| Perkins v. State, CR-06-1121,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 2, 2007, Released
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| State v. Clemons, CR-05-1950,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 2, 2007, Released
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Overview: Trial court dismissed indictment charging defendant with felony DUI. As State did not object when trial court indicated it was going to apply law as it understood it to be at time of sentencing, instead of law in effect when offense was allegedly committed, State's argument that court improperly amelioration doctrine was not preserved for appeal.
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| State v. Dubose, CR-06-1126,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 2, 2007, Released
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| State v. Finley, CR-06-1310,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 2, 2007, Decided
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| State v. King, CR-06-0575,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 2, 2007, Released
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| State v. Richardson, CR-06-1239,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 2, 2007, Released
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