8 results for 'judge:"Minor"'.
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
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. 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
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J. Minor finds that the lower court properly resentenced defendant to life imprisonment without parole following a capital murder conviction. Defendant, who was under the age of 18 at the time of the crime, fails to show that the lower court abused its discretion in assessing his statements of remorse. He is also due no relief as to the victim-impact evidence or his argument that the sentence is "unconstitutionally disproportionate." Additionally, the sentence of life imprisonment without parole is not "disproportionate when compared to other cases." Affirmed.
Court: Alabama Court of Criminal Appeals, Judge: Minor, Filed On: August 18, 2023, Case #: CR-20-0654, Categories: Juvenile Law, Murder, Sentencing
J. Minor finds that the lower court properly dismissed defendant's petition for post-conviction relief, challenging a capital murder conviction and the resulting death sentence. Defendant argues he should have been allowed to further amend his petition, but any error by the lower court was harmless, as the claims were "insufficiently pleaded." Defendant failed to plead "the name of a single expert that trial counsel should have consulted or used at trial." Affirmed.
Court: Alabama Court of Criminal Appeals, Judge: Minor, Filed On: June 23, 2023, Case #: CR-19-1040, Categories: Criminal Procedure, Death Penalty, Murder