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| Hallmark v. Hallmark, 2040193 / 2040339,
COURT OF CIVIL APPEALS OF ALABAMA, November 23, 2005, Released
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Overview: Order awarding wife amount equal to one-half of funds in husband's retirement account was reversed. Order was improper modification of property division in original divorce judgment more than 30 days after entry of judgment since original judgment clearly awarded the wife 50 percent of all amounts in husband's account and was not for a sum certain.
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| Harmand v. Harmand, 2040365,
COURT OF CIVIL APPEALS OF ALABAMA, November 23, 2005, Released
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Overview: Husband was properly ordered to pay the wife certain monies to cover her share of his federal retirement annuity as (1) federal law did not preempt the court from doing so; (2) the wife could share the non-marital portion of the same; and (3) her share did not depend upon what portion accrued during the marriage.
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| Hart v. State, CR-05-0056,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 23, 2005, Released
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Overview: Under Ala. Code § 12-22-130, an appeal was authorized in criminal cases only from a judgment of conviction. There was no statute that allowed defendant to appeal the trial court's ruling vacating his sentence of death and imposing a sentence of life imprisonment without the possibility of parole.
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| Hunt v. State, CR-02-0813,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 23, 2005, Released
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Overview: Upon rehearing, the appellate court found that defendant's petition for postconviction relief pursuant to Ala. R. Crim. P. 32 was properly dismissed, as defendant failed to show ineffective assistance of counsel based on a failure to argue that his arrest was without probable cause, as it probable cause for the arrest was established.
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| Jenkins v. State, CR-97-0864,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 23, 2005, Released
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Overview: Because defendant did not establish that the information of alleged juror misconduct was not known and could not reasonably have been discovered at trial or in time to raise the issue in a motion for new trial or on appeal, Ala. R. Crim. P. 32.1(e) did not apply; therefore, the claim was procedurally barred by Ala. R. Crim. P. 32.2(a)(3), (a)(5).
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| Kerns Trucking, Inc. v. Whiteside, 2040212,
COURT OF CIVIL APPEALS OF ALABAMA, November 23, 2005, Released
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Overview: Ala. Code § 25-5-1(4) said that in no event was a common carrier deemed the "employer" of an owner-operator or a leased operator. A trial court erred in concluding that a corporation was the "employer" of the operator of a leased dump truck for purposes of determining responsibility for providing workers' compensation benefits.
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| Martin v. State, CR-99-2249,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 23, 2005, Released
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Overview: In capital murder case under Ala. Code § 13A-5-40(a)(7), trial court provided detailed sentencing order that considered all aggravating and mitigating factors, including jury's recommendation of life without parole over death as mitigator, so court affirmed death sentence after first reviewing appropriateness of death under Ala. Code § 13A-5-53.
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| Morris v. State, CR-02-1765,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 23, 2005, Released
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Overview: The failure to grant defendant funds to hire an independent mental-health expert left him with no defense at the guilt phase of his capital murder trial, and he was convicted and sentenced to death without the assistance of an independent mental health expert. This denial violated defendant's fundamental due-process rights.
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| Nash v. State, CR-04-1801,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 23, 2005, Released
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Overview: Because the State failed to present any evidence other than hearsay with regard to the first two charges in a probation revocation affidavit, and insufficient evidence reasonably satisfied the trial court that the probationer changed residences without his probation officer's consent, a revocation order was reversed.
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