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| Bedsole v. State, CR-04-2140,
COURT OF CRIMINAL APPEALS OF ALABAMA, December 20, 2006, Released
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Overview: Defendant's convictions were affirmed as former district attorney's (DA) remark that she did not like what defendant was accused of doing was elicited during cross-examination and was invited error. DA was not district attorney during trial. DA's testimony that victim one cried during grand jury testimony did not vouch for State's evidence.
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| Cottrell v. State, CR-04-2044,
COURT OF CRIMINAL APPEALS OF ALABAMA, December 20, 2006, Released
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Overview: When the only basis for stopping defendant's car was a tip by an anonymous driver that the car was swerving and that the three men in it were drinking beer, the tip was sufficiently reliable to justify the stop of the car. The driver had described the car and its occupants in detail, and an officer stopped it within minutes of receiving the tip.
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| Donaldson v. State, CR-05-1526,
COURT OF CRIMINAL APPEALS OF ALABAMA, December 20, 2006, Released
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Overview: Case was remanded with instructions that trial court make findings as to whether defendant was entitled to appointed counsel for probation revocation hearing as no determination was made as to whether he was entitled to appointed counsel under Ala. R. Crim. P. 27.6(b). Defendant appeared to have colorable claim that he did not commit violations.
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| Edwards v. State, CR-05-1499,
COURT OF CRIMINAL APPEALS OF ALABAMA, December 20, 2006, Released
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Overview: Because a failure-to-pay-child-support warrant was not for the commission of a felony or a misdemeanor, and because the arresting officers did not have the warrant in their possession, defendant could not be convicted of third-degree escape under Ala. Code § 13A-10-33(a) since the warrant was not lawful and he was not in custody when he fled.
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| Griggs v. State, CR-06-0002,
COURT OF CRIMINAL APPEALS OF ALABAMA, December 20, 2006, Decided
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Overview: Defendant's 20-year sentence after he pleaded guilty to violating Ala. Code § 20-2-70(a) was excessive as if defendant did not have any prior convictions for violations of Alabama Controlled Substances Act, defendant should have been sentenced pursuant to Ala. Code § 20-2-70, rather than pursuant to recidivist provisions in Ala. Code § 20-2-76.
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| Herren v. State, CR-04-1593,
COURT OF CRIMINAL APPEALS OF ALABAMA, December 20, 2006, Released
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Overview: Because the third-degree escape indictments sufficiently charged defendant with escape from custody, and because defendant's challenge to the validity of the robbery indictments was a nonjurisdictional claim, all of defendant's claims were precluded by Ala. R. Crim. P. 32.2(a)(3), (a)(5), (c).
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| Jackson v. State, CR-05-1924,
COURT OF CRIMINAL APPEALS OF ALABAMA, December 20, 2006, Decided
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| Martinez v. State, CR-05-1669,
COURT OF CRIMINAL APPEALS OF ALABAMA, December 20, 2006, Released
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Overview: Defendant's second-degree assault conviction under Ala. Code § 13A-6-21(a) in injury case was reversed as verdict was inconsistent with criminally negligent homicide convictions with regard to deaths of four other victims in same accident. Defendant was convicted of third-degree assault as he was criminally negligent under Ala. Code § 13A-2-2(4).
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| Phillips v. State, CR-03-1352,
COURT OF CRIMINAL APPEALS OF ALABAMA, December 20, 2006, Released
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