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| Pilgrim v. State, CR-04-2300,
COURT OF CRIMINAL APPEALS OF ALABAMA, December 20, 2006, Released
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Overview: Although defendant's claim that his sentence was illegal was jurisdictionally barred by Ala. R. Crim. P. 32.2(a)(5), (b), (c), the trial court lacked jurisdiction to accept defendant's guilty plea to attempted robbery because, after the effective date of the Alabama Criminal Code, it was no longer a criminal offense in Alabama.
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| Smith v. State, CR-05-1253,
COURT OF CRIMINAL APPEALS OF ALABAMA, December 20, 2006, Released
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Overview: In striking appellant's second amended petition under Ala. R. Crim. P. 32.7(b), the trial court erred, as consideration of it would not have prejudiced the State or caused undue delay. Appellant had raised no new claims in the petition, but only fleshed out his previous claim regarding his mental health and the experts who would testify about it.
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| Stephens v. State, CR-02-0154,
COURT OF CRIMINAL APPEALS OF ALABAMA, December 20, 2006, Released
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| Tarver v. State, CR-05-1151,
COURT OF CRIMINAL APPEALS OF ALABAMA, December 20, 2006, Released
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| Waters v. State, CR-05-2108,
COURT OF CRIMINAL APPEALS OF ALABAMA, December 20, 2006, Decided
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Overview: Denial of motion to withdraw guilty plea was reversed as defendant did not, when he was given opportunity to withdraw plea, know if State could prove that he had three felony convictions, or if he would be sentenced under agreement. Once defendant had complete information, he should have been allowed to withdraw plea under Ala. R. Crim. P. 14.4(e).
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| Williams v. State, CR-05-1823,
COURT OF CRIMINAL APPEALS OF ALABAMA, December 20, 2006, Released
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Overview: Unlawful possession of controlled substance conviction under Ala. Code § 13A-12-212(a)(2) was set aside as unlawful possession of controlled substance was not included in indicted offense of attempted unlawful possession of controlled substance under Ala. Code § 13A-12-203(a). Trial court lacked jurisdiction to accept defendant's guilty plea.
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