52 results for 'court:"Alabama Court of Criminal Appeals"'.
Per curiam, the court of criminal appeals finds that the lower court improperly convicted and sentenced defendant of capital murder. The prosecutor, during rebuttal closing arguments, made a “direct comment” on defendant’s decision not to testify, and the lower court failed to take “prompt curative action,” which constitutes error. Accordingly, the case is remanded for a new trial. Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Per curiam, Filed On: May 3, 2024, Case #: CR-2022-0546, Categories: Criminal Procedure, Fair Trial, Murder
J. Kellum finds that the lower court properly convicted defendant for manslaughter after he allegedly struck the victim with a car. Defendant has not shown that he is entitled to relief in connection with his requested jury instruction. Also, there was no abuse of discretion in the lower court’s handling of an unsolicited statement defendant made to a police officer during transport. Affirmed.
Court: Alabama Court of Criminal Appeals, Judge: Kellum, Filed On: May 3, 2024, Case #: CR-2023-0611, Categories: Evidence, Manslaughter, Vehicle
J. Kellum finds that the lower court properly convicted defendant on multiple counts of voyeurism but improperly sentenced him. The lower court did not err by admitting evidence of certain Internet searches that were extracted from defendant's phone. The court notes that the probationary terms of the split sentences are unlawful, however, and the matter is remanded for another sentencing hearing. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: Kellum, Filed On: May 3, 2024, Case #: CR-2023-0008, Categories: Criminal Procedure, Probation, Sentencing
J. McCool finds that the lower court properly convicted and sentenced defendant to death on multiple counts of capital murder. On appeal, defendant fails to show that his public-trial rights were violated. Also, he fails to show that a protection order was no longer in effect at the time of his wife’s death. Affirmed.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: May 3, 2024, Case #: CR-21-0044, Categories: Death Penalty, Murder
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J. McCool finds that the lower court properly denied the defendant’s motion to withdraw his guilty plea on a charge of robbery. He contends that the lower court was not authorized to sentence him outside the “range in the plea agreement due to his failure to appear at sentencing.” However, the decision was not an abuse of discretion. Affirmed.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: May 3, 2024, Case #: CR-2023-0301, Categories: Robbery, Sentencing
J. McCool finds that the lower court properly convicted defendant for discharging a firearm into an occupied vehicle and assault, but improperly sentenced him. Specifically, the probationary period for his assault conviction was illegal, as it exceeded the maximum probationary period allowed. Accordingly, the case is remanded for a new sentencing hearing. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: May 3, 2024, Case #: CR-2023-0324, Categories: Sentencing, Assault
J. Cole finds that the lower court improperly convicted and sentenced defendant for possession of a short-barreled shotgun. Defendant argues, and the court agrees, that the state failed to show “that she was in constructive possession of the short-barreled shotgun,” which was allegedly found inside a closed tool case in her husband’s vehicle. Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Cole, Filed On: May 3, 2024, Case #: CR-2022-1131, Categories: Evidence, Firearms
J. Cole finds that the lower court improperly convicted and sentenced defendant of capital murder for the alleged shooting death of a gas station clerk during the course of robbery. Specifically, the state “directly commented” on defendant’s right not to testify, which requires reversal. The state’s comments regarding “the missing gun” occurred during its rebuttal closing argument, and the lower court failed to remedy the prejudice. Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Cole, Filed On: May 3, 2024, Case #: CR-20-0727, Categories: Criminal Procedure, Miranda, Murder
J. Windom finds on return to remand that the lower court improperly granted defendant's motion to dismiss a charge for receiving stolen property, in connection with a rental truck that was allegedly reported as stolen after it was not "returned as scheduled." The lower court erred by dismissing the charge based on speedy trial grounds. Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Windom, Filed On: May 3, 2024, Case #: CR-2023-0867, Categories: Speedy Trial, Property
J. McCool finds that the lower court properly convicted defendant for murder, attempted murder and discharging a firearm into an unoccupied vehicle. On appeal, defendant contends that the lower court erred when it denied his motion for acquittal. The court notes that his arguments regarding eyewitness testimony go to the “weight of the evidence, not its sufficiency.” The case must still be remanded, however, to address a sentencing error. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: May 3, 2024, Case #: CR-2023-0278, Categories: Criminal Procedure, Murder, Sentencing
J. Kellum finds that the lower court improperly revoked defendant's community-corrections sentence. Defendant had been given a split sentence in which "he was ordered to serve 2 years in community corrections, followed by 5 years' supervised probation," based on his guilty plea to a firearm charge and receiving stolen property. The revocation order was based on insufficient evidence. Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Kellum, Filed On: March 22, 2024, Case #: CR-2023-0843, Categories: Evidence, Probation, Sentencing
[Consolidated.] J. Cole finds that the lower court improperly dismissed the charges against defendants in these consolidated cases "based on alleged defects in the charging complaints." The circuit court did not lack subject matter jurisdiction over the appeals from municipal court, since its jurisdiction is derived from the municipal court conviction and not the complaint. Additionally, defendants failed to raise any objections in the municipal court. Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Cole, Filed On: March 22, 2024, Case #: CR-2023-0348, Categories: Criminal Procedure, Jurisdiction
J. McCool finds that the lower court properly convicted defendant for attempted murder and discharging a firearm into an occupied automobile, but it improperly sentenced him on the firearm conviction. Because discharging a firearm into an occupied vehicle is a Class B felony, his sentence to life imprisonment without the possibility of parole on that conviction was unlawful. Accordingly, the matter is remanded for a new sentencing hearing. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: February 9, 2024, Case #: CR-2022-0934, Categories: Firearms, Murder, Sentencing
J. Minor finds that this case must be remanded for the lower court to hold an evidentiary hearing on the applicant's claim regarding pretrial jail credit. Even though a credit in this case would "not shorten his prison sentence," since he is serving a life sentence without the possibility of parole on an attempted murder conviction, the relevant statute requires certification of the time "spent incarcerated pending trial."
Court: Alabama Court of Criminal Appeals, Judge: Minor, Filed On: February 9, 2024, Case #: CR-2023-0374, Categories: Criminal Procedure, Murder
Per curiam, the court of criminal appeals finds that the lower court properly revoked defendant's probation as to the offense of second-degree assault, "for violating the terms of probation." Defendant does not challenge the sentence imposed on the second-degree assault conviction, though he correctly points out that the split sentence on his first-degree assault conviction was illegal. Accordingly, the revocation order based on that offense is void. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: Per curiam, Filed On: February 9, 2024, Case #: CR-2023-0112, Categories: Criminal Procedure, Probation, Assault
J. McCool finds that the lower court properly convicted and sentenced defendant for capital murder. Contrary to defendant's argument, his second trial did not violate double jeopardy principles. The evidence does not show that the state "intentionally provoked" defendant into moving for a mistrial during the first trial. Also, the court concludes that "Section 9 does not bar retrial of a defendant" under the circumstances. Affirmed.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: February 9, 2024, Case #: CR-21-0199, Categories: Criminal Procedure, Murder, Double Jeopardy
J. Cole finds that the lower court improperly entered judgment on an application for writ of habeas corpus, instructing the Alabama Department of Corrections to calculate the correctional-incentive time due to the applicant. The applicant did not use the "proper legal mechanism" to challenge the department's decision regarding correctional-incentive time. Accordingly, the matter is remanded so that the case can be transferred to Montgomery Circuit Court, where the petition should be treated "as a petition for a writ of certiorari." Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Cole, Filed On: February 9, 2024, Case #: CR-2023-0426, Categories: Criminal Procedure, Prisoners' Rights
J. McCool grants the state's petition for a writ of mandamus, in which it challenges an order in the lower court granting a request for an extension to file a Rule 32 petition for postconviction relief in this capital murder case. The state argues, and the court agrees, that the judge lacked the authority under the Fair Justice Act "to grant a 270-day extension of time." Additionally, the state lacks "another adequate remedy."
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: January 5, 2024, Case #: CR-2023-0825, Categories: Criminal Procedure, Death Penalty
J. Cole finds that the lower court properly convicted defendant for second-degree assault but improperly sentenced him. The lower court did not err in admitting a certain jail-surveillance video. Defendant does not contend that the video was altered, and a detention officer testified that the video admitted at trial "was the same as the video he watched the day after the incident." However, the lower court improperly sentenced defendant a second time "with a more severe sentence," in violation of double jeopardy principles. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: Cole, Filed On: December 15, 2023, Case #: CR-21-0410, Categories: Sentencing, Assault, Double Jeopardy
J. Cole finds that the lower court improperly revoked defendant's probation based on the alleged probation violations. Specifically, the state failed to produce "sufficient nonhearsay evidence" connecting defendant to the alleged violations. Accordingly, the case is remanded for further proceedings. Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Cole, Filed On: December 15, 2023, Case #: CR-2023-0338, Categories: Evidence, Probation
J. McCool finds that the lower court properly convicted defendant for aggravated stalking and violating a domestic violence order, but improperly sentenced him on the stalking convictions. There was no error in denying defendant's claims of ineffective assistance of counsel. However, the case must be remanded for a new sentencing hearing. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: December 15, 2023, Case #: CR-2022-1168, Categories: Sentencing, Domestic Violence
J. Minor finds that the lower court improperly granted defendant's dismissal motion and instructs the lower court to restore the complaints against him to its docket in this case arising from a traffic stop by the town's police department. Specifically, the lower court "made a pretrial determination regarding the credibility of the witnesses and the sufficiency of the Town's evidence." Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Minor, Filed On: December 15, 2023, Case #: CR-2022-1082, Categories: Criminal Procedure, Witnesses
J. McCool finds that this murder and kidnapping case must be remanded so that the lower court can issue an order "making specific findings of fact" as to defendant's juror-misconduct claim, which related to a juror's alleged relationship with a witness. Defendant's motion for new trial was denied by operation of law.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: December 15, 2023, Case #: CR-20-0751, Categories: Jury, Murder, Kidnapping
J. Kellum finds that the lower court properly dismissed defendant's second petition for post-conviction relief following his conviction for capital murder and death sentence. The Rule 32 petition argued that "a second attempt to execute him" would represent cruel and unusual punishment, after the first attempt had allegedly failed due to complications with the IV lines. On appeal, he contends that the lower court erred by dismissing his petition without an evidentiary hearing, but the claim was not sufficiently pleaded and is also meritless. Affirmed.
Court: Alabama Court of Criminal Appeals, Judge: Kellum, Filed On: December 8, 2023, Case #: CR-2023-0594, Categories: Death Penalty, Murder, Cruel And Unusual Punishment
J. Minor finds that defendant was properly convicted for burglary, assault and intimidating a witness. The lower court did not err in denying his motion to suppress or by allowing collateral-act evidence. Defendant is due to be resentenced, however, as to his conviction for intimidating a witness. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: Minor, Filed On: November 3, 2023, Case #: CR-21-0143, Categories: Burglary, Sentencing, Witnesses
[Consolidated.] J. Minor withdraws the prior opinion in these consolidated appeals and substitutes the current opinion, holding that the lower court improperly dismissed the charges against defendants "based solely on its determination before trial that the prosecution's witnesses were not credible." The lower court lacked the authority to dismiss the charges in these separate cases, which involve alleged violations of various municipal ordinances, based on its pretrial determination of credibility. Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Minor, Filed On: November 3, 2023, Case #: CR-2022-0505, Categories: Criminal Procedure, Witnesses