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| AOD Fed. Credit Union v. State Farm Fire & Cas. Co., 2030931,
COURT OF CIVIL APPEALS OF ALABAMA, November 23, 2005, Released
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Overview: Insurer was not entitled to face amount of its draft where it failed to notify credit union of breach of transfer and presentment warranties within 30 days under Ala. Code §§ 7-3-416 and 7-4-208. Credit union lost opportunity to recover funds under federal law from mortgagors' account and suffered greater loss than it would have otherwise suffered.
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| Benjamin v. State, CR-03-2040,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 23, 2005, Released
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Overview: Because the trial court properly considered and weighed the aggravating and the mitigating circumstances under Ala. Code §§ 13A-5-49(4), 13A-5-51(1), and defendant's death sentence was not the result of the influence of passion, prejudice, or any other arbitrary factor under Ala. Code § 13A-5-53(b)(1), the sentence was appropriate.
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| Betton v. State, CR-04-2354,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 23, 2005, Released
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Overview: After a review of the evidence in support of defendant's Ala. R. Crim. P. 32 postconviction relief petition, because the appeals court was unable to determine whether defendant was represented by counsel at his arraignment, remand was ordered.
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| Burgess v. State, CR-02-0977,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 23, 2005, Released
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Overview: Trial court properly denied defendant's Ala. R. Crim. P. 32 postconviction relief petition, when upon rehearing, it found that he abandoned his ineffective assistance of counsel claims alleging counsel's failure to object to victim-impact evidence, inflammatory photos, and certain pretrial proceedings, by not presented evidence to support them.
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| Bush v. State, CR-04-1789,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 23, 2005, Released
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Overview: One conviction for first-degree theft was void as indictment was not filed within three year statute of limitations; victims made last payment on grave plots six years earlier. State failed to prove venue as to three counts; although State presented evidence cemeteries were in Marion County, it failed to show transactions took place at cemeteries.
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| Butler v. State, CR-04-2149,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 23, 2005, Released
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Overview: Defendant's claim that a trial court lacked jurisdiction to accept his pleas because the informations were not made under oath was jurisdictional, sufficiently pleaded, unrefuted, and meritorious on its face. Therefore, it should have been accepted as true, and defendant was entitled to an opportunity to present evidence to support his claim.
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| EB Invs., L.L.C. v. Atlantis Dev., Inc., 1040410,
SUPREME COURT OF ALABAMA, November 23, 2005, Released
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Overview: Because a preliminary injunction was not a final judgment or order, and mandamus could not provide a basis for a finding of res judicata, the trial court erred in dismissing an assignee's claims against borrowers for ejectment and for breach of contract.
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| Ex parte McCormick, 1031657, 1031695, 1041133,
SUPREME COURT OF ALABAMA, November 23, 2005, Released
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Overview: Under the plain meaning of Ala. Code § 15-18-8, and in interpreting a 2000 amendment thereto, a minimum mandatory three-year sentence was required when the court split a defendant's 15- to 20-year sentence, but the court retained jurisdiction to probate defendant's sentence. Further, an illegal sentence was overturned, requiring resentencing.
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| Gilmore v. State, CR-04-1363,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 23, 2005, Released
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Overview: Despite the fact that defendant's postconviction claims regarding the one-subject rule and the sufficiency of the indictment against him lacked merit, remand was ordered on his timely-filed ineffective assistance of counsel claims regarding the voluntariness of his plea for the court to make specific findings of fact relative to the same.
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