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| Peake v. State, CR-04-2218,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 23, 2005, Released
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Overview: Trial court erred in denying defendant's Ala. R. Crim. P. 32 petition for postconviction relief challenging his conviction of second-degree robbery, because the State failed to allege that defendant was aided by another person who was actually present, and thus the trial court lacked jurisdiction to convict defendant.
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| Pinkerton Sec. & Investigations Servs. v. Chamblee, 2040704/2040705,
COURT OF CIVIL APPEALS OF ALABAMA, November 23, 2005, Released
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Overview: Since a corporation's first Ala. R. Civ. P. 60(b) motion was filed more than four months after the entry of the judgments to which it was directed and was clearly untimely under the text of Ala. R. Civ. P. 60(b) itself, there was no valid order that would support an appeal, and the appeal had to be dismissed for lack of appellate jurisdiction.
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| R.S.M. v. State, CR-04-1609,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 23, 2005, Released
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Overview: Where affidavit/complaint did not allege victim's age, or allege that victim was a minor, an essential element of the offense of contributing to the delinquency of a minor, the affidavit/complaint failed to charge offense of contributing to the delinquency of a minor, was void, and trial court did not have jurisdiction to accept guilty plea.
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| Robitaille v. State, CR-01-2271,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 23, 2005, Released
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Overview: Defendant's sentence for capital murder was appropriate under Ala. Code ¿ 13A-5-53(b)(3) as neither disproportionate nor excessive to the sentences imposed in other capital cases; he viciously stabbed and killed a mother and her two small children while they were in their home, then took money and other items from the home.
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| Scott v. State, CR-04-2065,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 23, 2005, Released
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Overview: Because a circuit court conducted a limited review of defendant's Ala. R. Crim. P. 32 postconviction petition in the nature of certiorari, it complied with Shelton by vacating defendant's suspended sentence for lack of counsel under the Sixth Amendment; although other rights were probably denied, Ala. Code ¿ 12-3-16 precluded reversal of Shelton.
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| Squires v. City of Saraland, 2030874,
COURT OF CIVIL APPEALS OF ALABAMA, November 23, 2005, Released
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Overview: Equitable estoppel did not bar a city's denial of homeowners' right to run a day care home despite having met requirements city officials first told them of, as they had constructive notice of the zoning ordinance, and they could not challenge the ordinance's constitutionality, under Ala. Code ¿ 6-6-227, as they did not serve the attorney general.
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| State v. Wilson, CR-04-1598,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 23, 2005, Released
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Overview: State's appeal of dismissal of count of indictment was premature as State filed notice of appeal in trial court before trial court entered order dismissing count of indictment. As State did not later file effective notice of appeal in trial court, appellate court did not have jurisdiction to consider appeal under Ala. R. Crim. P. 15.7.
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| State v. Woodall, CR-04-1599,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 23, 2005, Released
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Overview: When the State's notice of appeal of a trial court's dismissal of a count of an indictment was, pursuant to the appellate court's record, filed in the trial court three days before the trial court's order, it did not confer jurisdiction on the appellate court, under Ala. R. App. P. 2, even though a notice was properly filed in the appellate court.
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| Tarver v. State, CR-00-2267,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 23, 2005, Released
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