 |
|
 |
|
|
Access State and Federal Case Law, plus U.S. Supreme Court cases — for free!
Click on any of the case links below to view the full text of that case — for free — through lexisONE®, a legal research and news service from LexisNexis®. Login is required — registration is free!
While viewing the full text of the case, select from upgrade options to Shepardize® or view the fully-featured case on lexis.com including Core Terms, Shepard's® Signals, Case Summaries, Print Options, and more. lexisONE offers access to comprehensive content and flexible services for faster, more efficient legal research. Review our flexible LexisNexis® subscriptions offered through daily, weekly or monthly research packages.
| Brown v. State, CR-03-1951,
COURT OF CRIMINAL APPEALS OF ALABAMA, December 23, 2005, Released
View this case - free |
|||||
Overview: As defendant failed to file a written request for a show cause hearing as to why a subpoena should have issued for a forensic scientist, as required by Ala. Code ¿¿12-21-302, his objection to the admission of a certificate of analysis at trial was untimely. But, resentencing was ordered to apply an Ala. Code ¿ 13A-12-231(13) sentencing enhancement.
|
|||||
| Davenport v. State, CR-04-1389,
COURT OF CRIMINAL APPEALS OF ALABAMA, December 23, 2005, Released
View this case - free |
|||||
Overview: Manslaughter conviction was upheld as the motion to suppress statements made after defendant's initiation of a conversation with law enforcement after invoking her right to counsel was properly denied, and the indictment was not defective. But, the conviction of hindering prosecution was set aside as the court lacked jurisdiction to enter the same.
|
|||||
| Dedeaux v. State, CR-04-0792,
COURT OF CRIMINAL APPEALS OF ALABAMA, December 23, 2005, Released
View this case - free |
|||||
Overview: Trial court erred in summarily denying part of defendant's Ala. R. Crim. P. 32 postconviction relief petition which challenged the voluntariness of his plea, the ineffective assistance of his trial counsel, and his request for an out-of-time appeal, as specific findings of fact regarding each claim were to be stated and made part of the record.
|
|||||
| Ex parte Keelboat Concepts, Inc., 1040091,
SUPREME COURT OF ALABAMA, December 23, 2005, Released
View this case - free |
|||||
Overview: Because time was of the essence in an option contract and because option contracts were to be strictly construed, the notice of renewal sent by the franchisee was not effective to renew the franchise.
|
|||||
| Hastings v. State, CR-04-1862,
COURT OF CRIMINAL APPEALS OF ALABAMA, December 23, 2005, Released
View this case - free |
|||||
Overview: Because a motion for reconsideration of a violent offender sentence pursuant to Ala. Code ¿ 13A-5-9.1 was not a critical stage of the proceedings, defendant did not have a right to counsel in the proceeding; absent an abuse of its discretion, the trial court's finding that defendant was a violent offender would not be disturbed on appeal.
|
|||||
| L.J.K. v. State, CR-04-0060,
COURT OF CRIMINAL APPEALS OF ALABAMA, December 23, 2005, Released
View this case - free |
|||||
Overview: Since defendant did not properly raise issues in his appellate brief and did not support issues with legal authority, Ala. R. App. P. 28(a)(10) was not satisfied and issues were not considered on appeal; defendant did not properly object to hearsay evidence, so evidence was properly admitted and was sufficient to support his convictions.
|
|||||
| Sellers v. State, CR-04-1552,
COURT OF CRIMINAL APPEALS OF ALABAMA, December 23, 2005, Released
View this case - free |
|||||
Overview: Defendant was properly convicted, pursuant to guilty plea, of violating Ala. Code 15-20-16(c) as term "living accommodation" was not unconstitutionally vague; based on other provisions of Community Notification Act, precedent, and dictionary definitions, it was given its plain ordinary meaning of overnight lodging, either temporary or permanent.
|
|||||
| State v. Foster, CR-04-0500,
COURT OF CRIMINAL APPEALS OF ALABAMA, December 23, 2005, Released
View this case - free |
|||||
Overview: Because Ala. R. Crim. P. 13.5(c)(1) did not provide for the dismissal of an indictment based on the insufficiency of the evidence or a possible lack of evidence, the trial court erred in dismissing defendant's indictment based on its determination that the State could prove no set of facts upon which conviction could be based.
|
|||||
| Webb v. State, CR-04-0692,
COURT OF CRIMINAL APPEALS OF ALABAMA, December 23, 2005, Released
View this case - free |
|||||
Overview: Although defendant's sentence for second-degree assault under Ala. Code ¿ 13A-6-21(a)(2) was the result of a favorable plea agreement and the sentence was unlikely to be mitigated on remand, due to precedent, the case was remanded for a hearing on the validity of defendant's Ala. R. Crim. P. 32 claim that he was denied an allocution.
|
|||||
Back to Top
| www.lexisnexis.com | About LexisNexis | Terms & Conditions | Customer Support | Contact Us |
| Copyright® 2009 LexisNexis , a division of Reed Elsevier Inc. All rights reserved. |
