author: THOMPSON, Presiding Judge.

text:
    Ronnie Ray JONES, Jr. v. Dawn Rae JONES
    2160014
    Court of Civil Appeals of Alabama.
    April 7, 2017
    William K. Bradford of Bradford Ladner, LLP, Mountain Brook, for appellant.
    Submitted on appellant's brief only.
   THOMPSON, Presiding Judge.

Ronnie Ray Jones, Jr. ("the husband"), appeals from a judgment of the Madison Circuit Court ("the trial court") divorcing him from Dawn Rae Jones ("the wife").

The record indicates the following. The husband filed a verified complaint for a divorce on January 26, 2015. The wife answered and filed a counterclaim for a divorce. The litigation proceeded, and on November 18, 2015, the husband's attorney moved to withdraw from the case on the ground that the husband had retained other counsel. That same day, attorney Dana Delk filed her notice of appearance for the husband.

On December 30, 2015, the husband filed a motion asking the trial court to order mediation in the case because, he said, settlement negotiations had "stalled." A few weeks later, on January 15, 2016, the husband filed a motion asking the trial court to set the matter for a final hearing. The trial court set an April 11, 2016, trial date. On April 14, 2016, the trial court entered an "order of settlement." In the order, the trial court noted that the parties had told the trial court that the matter had been settled. The trial court ordered the parties to submit all final settlement documents within 30 days. Failure to do so, the trial court stated, would result in dismissal of the action.

On May 13, 2016, the wife filed a motion for the entry of a divorce judgment. In her motion, she stated that, on April 8, 2016, the parties had reached a settlement that disposed of all matters that were to be decided during the April 11, 2016, trial. The trial court was notified of the settlement, and on April 9, 2016, the parties signed a stipulation of agreement. The stipulation, which was attached to the motion as an exhibit, set forth the terms to be incorporated into a settlement agreement that was to be submitted to the trial court for the entry of a divorce judgment. On April 14, 2016, the same day the trial court entered its order requiring the parties to submit settlement documents to the court within 30 days, the wife submitted a packet to the husband's attorney that included a settlement agreement, an amended answer and waiver, the husband's "testimony," an income affidavit for the husband, and the notice of compliance. As of the date of the filing of the May 13, 2016, motion, the wife said, the husband had refused to sign the documents.

On May 19, 2016, the husband's attorney, Delk, filed a motion to withdraw from the case on the ground that there had been a material breakdown in the attorney-client relationship. Delk stated that she could no longer represent the husband. She also stated that the husband would not be prejudiced by her withdrawal because, she said, he had "explicitly instructed [her] firm to withdraw." That same day, the trial court entered an order setting a hearing on "all pending motions" for May 31, 2016. The order setting the date and time of the hearing was also entered on the State Judicial Information System on May 19, 2016. On May 27, 2016, Delk filed a renewed motion to withdraw or, in the alternative, to be allowed to take part in the hearing scheduled for May 31, 2016, by telephone. Delk explained that her office was in Montgomery and that the hearing was to be held in Huntsville, three hours away. In the motion, Delk also explained that the husband had retained a new attorney, Griff Belser. Delk stated that she had contacted Belser and that he had indicated he would be representing the husband from that point forward. On May 27, 2016, Belser entered his notice of appearance for the husband.

On June 1, 2016, the trial court entered a judgment divorcing the parties. In the judgment, the trial court noted that the May 31, 2016, hearing had been held as scheduled but that neither the husband nor Belser had appeared. The trial court stated that it had granted Delk's motion to withdraw on the record. The trial court also stated that it had called Belser at his office telephone number and had left a message saying that if Belser did not contact the court by 9:30 a.m. (the hearing was set to begin at 9:00 a.m.) the hearing would proceed. When the trial court had not heard from Belser by 9:34 a.m., it called the matter for hearing. The trial court explained that it had admitted the parties' joint stipulation of agreement into evidence, along with other documents, and had taken testimony from the wife regarding the trial court's jurisdiction and the grounds for divorce. No transcript of the hearing appears in the record on appeal. The trial court "ratified and confirmed" the joint stipulation of agreement, noting that the husband had executed that document, and incorporated the terms of the parties' agreement into the divorce judgment.

On June 24, 2016, the husband filed a motion to alter, amend, or vacate the judgment. In the motion, Belser stated that he was unaware that the matter had been set for a final hearing on May 31, 2016. He also stated that the husband "contend[ed] he was not informed" of the hearing date. The husband said that he thought the hearing was on his previous attorney's motion to withdraw and that it was moot. Belser also stated that "as a cautionary move," when he entered his appearance, he reviewed information relating to the case in the Alacourt electronic court-system database, "and [the case] did not appear to be set for anything on May 31, 2016." Belser also said that he did not receive the telephone message the trial court left for him until after 9:30 a.m. on the day of the hearing. In the motion, the husband stated that he had evidence to present to the trial court that would show that the settlement agreement that had been presented to him to sign and that had been submitted to the court differed from the stipulation of agreement previously submitted and that he would like an opportunity to present that evidence to the court.

The trial court set a hearing on the husband's postjudgment motion for August 22, 2016, at 9:00 a.m. The hearing was held as scheduled. At 5:24 p.m. on the day of the hearing, the husband filed an "addendum" to his postjudgment motion. In the "addendum," the husband claimed that he was confused about certain provisions in the agreement and that his "understanding of any agreement was not the same as what he signed." The wife filed a motion to strike that addendum, arguing that the husband had been given the opportunity to appear and to argue his postjudgment motion during the August 22, 2016, hearing, at which he had asserted that the settlement agreement presented for signing was not the same as the joint stipulation he had signed. The addendum, the wife said, was not timely; therefore, she said, the husband should not be given an opportunity to raise additional arguments.

On August 25, 2016, the trial court entered an order denying the husband's postjudgment motion, stating that the husband's arguments were without merit. The trial court found that the husband had signed the joint stipulation of agreement and was represented by counsel. It continued: "The Court was not provided any information to indicate that the [husband] was illiterate or under coercion at the time of the signing of the stipulation." After determining that the husband had not provided "any legitimate argument for not enforcing the agreement as signed," the trial court denied the husband's postjudgment motion. The husband filed a timely notice of appeal to this court. The wife did not favor this court with a brief on appeal.

On appeal, the husband contends that the trial court erred in denying his postjudgment motion. "Whether to grant relief under Rule 59(e), Ala. R. Civ. P., is within the trial court's discretion." Bradley v. Town of Argo, 2 So.3d 819, 823 (Ala. 2008). In support of his argument, the husband contends that the postjudgment motion was due to be granted because, he says, there was "no meeting of the minds" as to the parties' settlement. Thus, he asserts, the stipulation of agreement he signed is not valid and is unenforceable.

This court addressed a similar argument in Allen v. Allen, 903 So.2d 835, 840-41 (Ala. Civ. App. 2004). We wrote:

"The husband contends that the parties had not entered into an enforceable agreement because, he says, there was no 'meeting of the minds.' 'It is well settled that whether parties have entered a contract is determined by reference to the reasonable meaning of the parties' external and objective actions.' SGB Constr. Servs., Inc. v. Ray Sumlin Constr. Co., 644 So.2d 892, 895 (Ala. 1994). In regard to the phrase 'meeting of the minds,' our Supreme Court stated in Lilley v. Gonzales, 417 So.2d 161 (Ala. 1982) :
" 'Gonzales's argument is premised upon a misconception of the time-honored phrase "meeting of the minds." It is true that there is no contract unless the parties assent to the same thing and in the same sense. But if one seeks to convey his meaning by expressions importing something different, or attaches to the proposition of the other a significance not authorized, whatever injury may result from the misunderstanding must be visited upon him. Thompson v. Ray, 46 Ala. 224 (1871). Stated another way, the law of contracts is premised upon an objective rather than a subjective manifestation of intent approach.
" 'Professor Corbin, in his treatise on contract law, speaks to the issue of mutual assent as follows:
" ' "Agreement consists of mutual expressions; it does not consist of harmonious intentions or states of mind.... At present, however, what we observe for judicial purposes is the conduct of the parties. We observe this conduct and we describe it as the expression of a state of mind. It is by the conduct of two parties, by their bodily manifestations, that we must determine the existence of what is called agreement. That is what is meant by the anciently honored term 'meeting of the minds.' That is what is meant by mutual assent.
" ' "[One] may be 'bound' by a contract in ways that he did not intend, foresee, or understand. The juristic effect (the resulting legal relations) of a man's expressions in word or act may be very different from what he supposed it would be.... [B]ut it is of much greater importance to realize that the courts must determine the requirements of justice and that the legal effects thus given to expressions of agreement are seldom exactly what one or both of the agreeing parties supposed or expected." A. Corbin, Corbin on Contracts § 9 (1952).
" '....
" 'Where a contract is unambiguous and plain in expression, we know of no canon of construction that warrants an interpretation the only effect of which is to relieve a party to the contract from consequences deemed by him hard or unfair. Where the parties express without ambiguity their intention, no court can alter the agreement, and no room for judicial construction is left.'
" Lilley, 417 So.2d at 163.
"Despite the husband's protestations that he did not understand the executed agreement and that the executed agreement did not represent what he thought he was agreeing to, the fact remains that he executed the agreement. ' "The purpose of a signature on a contract is to show mutual assent." ' Bowen v. Security Pest Control, Inc., 879 So.2d 1139, 1142 (Ala. 2003) (quoting Ex parte Rush, 730 So.2d 1175, 1177-78 (Ala. 1999) ). '[O]rdinarily when a competent adult, having the ability to read and understand an instrument, signs a contract, he will be held to be on notice of all the provisions contained in that contract and will be bound thereby.' Power Equip. Co. v. First Alabama Bank, 585 So.2d 1291, 1296 (Ala. 1991) ; see also Gunnels v. Jimmerson, 331 So.2d 247, 250 (Ala. 1976) ('The general rule of contract law is that when the parties reduce their agreements to writing, the writing is the sole expositor of the transaction and the intention of the parties, in the absence of mistake or fraud or ambiguity.')."

In denying the husband's postjudgment motion in this case, the trial court found that the husband had signed the joint stipulation of agreement and that he was represented by counsel. The trial court also found that the husband had failed to present any evidence to indicate that he was illiterate or under coercion at the time he signed the stipulation of agreement. Therefore, the trial court concluded, the husband had failed to provide the court with "any legitimate argument for not enforcing the agreement as signed."

As mentioned, the record on appeal contains no transcript of the final hearing in the divorce matter or of the hearing on the husband's postjudgment motion, meaning we cannot review the evidence or arguments presented to the trial court at those hearings. Based on the record before us, we cannot say that the trial court abused its discretion in denying the husband's motion to alter, amend, or vacate. See Ex parte Howell, 974 So.2d 304, 306 (Ala. 2007) (holding that a silent record supports a judgment and that it is the duty of the appellant to file a complete and correct record on appeal).

The husband also contends that he did not have notice of the final hearing in this matter and that, therefore, his right to due process was violated when the trial court moved forward with the final hearing in the matter and then entered the divorce judgment without giving him an opportunity to be heard. In the husband's initial motion to alter, amend, or vacate the divorce judgment, counsel for the husband stated that he was unaware of the final hearing on May 31, 2016, and that the husband had said he was not informed of the matter. The husband also stated that he had evidence to present regarding the settlement agreement and that he would like an opportunity to present that evidence. In the motion, however, the husband did not raise an argument that his right to due process had been violated when the trial court proceeded with the trial without him and thereafter entered a judgment.

Again, there is no transcript of the hearing on the postjudgment motion. Therefore, we cannot say whether the husband made a due-process argument during that hearing. Under similar circumstances, our supreme court wrote in Ex parte Howell:"Because we cannot assume that Howell made the same arguments in the circuit court that he now makes on appeal, we are in the same situation as if he had sat mute at the hearing." 974 So.2d at 306. In other words, the effect of failing to provide this court with a transcript of the hearing on the postjudgment motion is the same as if the husband had not raised this issue before the trial court. It is well settled that an appellate court "cannot consider arguments raised for the first time on appeal; rather, our review is restricted to the evidence and arguments considered by the trial court." Andrews v. Merritt Oil Co., 612 So.2d 409, 410 (Ala. 1992). Thus, we cannot reverse the trial court's judgment for that reason.

The husband also asserts in his appellate brief that this court should treat the divorce judgment as though it were a default judgment and set aside the judgment based on the factors set forth in Kirtland v. Fort Morgan Authority Sewer Service, Inc., 524 So.2d 600 (Ala. 1988). Again, however, there is no indication in the record before us that the husband argued the Kirtland factors in his postjudgment motion such that the trial court or this court could interpret the postjudgment motion as one seeking to set aside a default judgment. Therefore, this argument, too, is waived. Andrews, supra.

The husband has failed to demonstrate that the trial court abused its discretion in denying his postjudgment motion or in entering the divorce judgment. Therefore, the judgment is affirmed.

AFFIRMED.

Pittman, Moore, and Donaldson, JJ., concur.

Thomas, J., concurs in the result, without writing.


source: Caselaw Access Project

license: Public Domain

text:
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    Court of Criminal Appeals of Alabama.
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    Court of Criminal Appeals of Alabama.
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    Court of Criminal Appeals of Alabama.
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    Court of Criminal Appeals of Alabama.
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text:
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    Court of Criminal Appeals of Alabama.
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    Court of Criminal Appeals of Alabama.
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    Court of Criminal Appeals of Alabama.
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    Court of Criminal Appeals of Alabama.
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text:
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    CR-15-0416
    Court of Criminal Appeals of Alabama.
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    CR-15-0427
    Court of Criminal Appeals of Alabama.
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    CR-15-0449
    Court of Criminal Appeals of Alabama.
    December 9, 2016
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    CR-15-0464
    Court of Criminal Appeals of Alabama.
    December 9, 2016
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text:
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    CR-15-0471
    Court of Criminal Appeals of Alabama.
    October 28, 2016
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text:
    Antrade ROBY v. STATE
    CR-15-0467
    Court of Criminal Appeals of Alabama.
    October 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
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text:
    Xavier Lamon WATSON v. STATE
    CR-15-0540
    Court of Criminal Appeals of Alabama.
    December 9, 2016 Reh. denied December 30, 2016
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text:
    David T. HUGHES v. STATE
    CR-15-0541
    Court of Criminal Appeals of Alabama.
    October 21, 2016
    DECISION WITHOUT PUBLISHED OPINION
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text:
    Christopher Lee DOZIER v. STATE
    CR-15-0492
    Court of Criminal Appeals of Alabama.
    October 21, 2016
    DECISION WITHOUT PUBLISHED OPINION
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text:
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    CR-15-0484
    Court of Criminal Appeals of Alabama.
    October 13, 2016
    DECISION WITHOUT PUBLISHED OPINION
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text:
    Tony Lavaughn PEPPERS v. STATE
    CR-15-0565
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
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text:
    Jerel Rahem JONES v. STATE
    CR-15-0551
    Court of Criminal Appeals of Alabama.
    October 14, 2016
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text:
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    CR-15-0575
    Court of Criminal Appeals of Alabama.
    October 14, 2016 Reh. denied December 2, 2016
    DECISION WITHOUT PUBLISHED OPINION
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text:
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    CR-15-0561
    Court of Criminal Appeals of Alabama.
    October 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
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text:
    Damon D. MAGWOOD v. STATE
    CR-15-0613
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
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text:
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    CR-15-0620
    Court of Criminal Appeals of Alabama.
    October 21, 2016 Reh. denied November 10, 2016
    DECISION WITHOUT PUBLISHED OPINION
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text:
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    CR-15-0631
    Court of Criminal Appeals of Alabama.
    October 17, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Reh. denied.


text:
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    CR-15-0639
    Court of Criminal Appeals of Alabama.
    October 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Adrian STEWART v. STATE
    CR-15-0590
    Court of Criminal Appeals of Alabama.
    October 7, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Reh. denied.


text:
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    CR-15-0640
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    M.M. v. STATE
    CR-15-0666
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Tinque Quarmine RHODES v. STATE
    CR-15-0647
    Court of Criminal Appeals of Alabama.
    October 21, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Jeffrey HEINSE v. STATE
    CR-15-0644
    Court of Criminal Appeals of Alabama.
    October 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Buddy Lee CRAFT v. STATE
    CR-15-0678
    Court of Criminal Appeals of Alabama.
    October 28, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Reh. denied.


text:
    Jessie RIGGS v. STATE
    CR-15-0707
    Court of Criminal Appeals of Alabama.
    October 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Rondrez Allen BARKER v. STATE
    CR-15-0684
    Court of Criminal Appeals of Alabama.
    October 14, 2016 Reh. denied November 4, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Blake COFIELD v. STATE
    CR-15-0705
    Court of Criminal Appeals of Alabama.
    October 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed in part and dismissed in part.


text:
    Darious Lashun BRIGGS v. STATE
    CR-15-0714
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    EX PARTE Anthony Wayne MCCAA
    CR-15-0715
    Court of Criminal Appeals of Alabama.
    December 7, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. denied.


text:
    EX PARTE Patrick G. WILSON
    CR-15-0728
    Court of Criminal Appeals of Alabama.
    December 7, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. denied.


text:
    Nicholas Antowne WALKER v. STATE
    CR-15-0708
    Court of Criminal Appeals of Alabama.
    October 21, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Demetrius WILLIAMS v. STATE
    CR-15-0751
    Court of Criminal Appeals of Alabama.
    October 21, 2016 Reh. denied November 10, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Ernest Lee WALKER v. STATE
    CR-15-0755
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Reh. denied.


text:
    Terry TATUM v. STATE
    CR-15-0761
    Court of Criminal Appeals of Alabama.
    October 28, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Reh. denied.


text:
    Deverett Lavon MACK v. STATE
    CR-15-0752
    Court of Criminal Appeals of Alabama.
    October 21, 2016 Reh. denied November 10, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    J.G. v. STATE
    CR-15-0768
    Court of Criminal Appeals of Alabama.
    October 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Simon Lee FRANK v. STATE
    CR-15-0771
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Eric Andre JAMES v. STATE
    CR-15-0776
    Court of Criminal Appeals of Alabama.
    October 28, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Reh. denied.


text:
    Nathan Eric CARPENTER v. STATE
    CR-15-0774
    Court of Criminal Appeals of Alabama.
    October 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Ronald MAXIE, Jr. v. CITY OF MOBILE
    CR-15-0770
    Court of Criminal Appeals of Alabama.
    October 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    James Edward PRESSLEY v. STATE
    CR-15-0777
    Court of Criminal Appeals of Alabama.
    October 14, 2016 Reh. denied December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    M.D.M. v. STATE
    CR-15-0790
    Court of Criminal Appeals of Alabama.
    October 14, 2016 Reh. denied October 28, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Devin WILLIAMSON v. ALABAMA BOARD OF PARDONS & PAROLES
    CR-15-0779
    Court of Criminal Appeals of Alabama.
    October 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Byron Orlando EPPS v. STATE
    CR-15-0805
    Court of Criminal Appeals of Alabama.
    October 7, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Rodney BOWDEN v. STATE
    CR-15-0817
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Darrell JOHNSON v. STATE
    CR-15-0819
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Martin Ervind WELCH v. STATE
    CR-15-0818
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    James Calvin FRAZIER v. STATE
    CR-15-0826
    Court of Criminal Appeals of Alabama.
    October 11, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Bryant CRAIG v. STATE
    CR-15-0841
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Donnie Huey SIMS v. STATE
    CR-15-0827
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Willie Edward FOSTER v. STATE
    CR-15-0832
    Court of Criminal Appeals of Alabama.
    October 21, 2016 Reh. denied November 23, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Charles CRAIG v. ALABAMA DEPARTMENT OF CORRECTIONS
    CR-15-0834
    Court of Criminal Appeals of Alabama.
    October 11, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Transferred to Ct. of Civ. App.


text:
    Kevin Avery PORTER v. STATE
    CR-15-0842
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Jasman Early SHIPLEY v. STATE
    CR-15-0869
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Raymond Witter MAYHEW v. STATE
    CR-15-0866
    Court of Criminal Appeals of Alabama.
    October 14, 2016 Reh. denied November 10, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Robert James STEELE v. STATE
    CR-15-0868
    Court of Criminal Appeals of Alabama.
    October 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Vantwain LaShun STOKES v. STATE
    CR-15-0887
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Jonathan Lashawn ASKEW v. STATE
    CR-15-0891
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Deangelo Jarrod HUDSON v. STATE
    CR-15-0873
    Court of Criminal Appeals of Alabama.
    October 14, 2016 Reh. denied November 10, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    T.G. v. STATE
    CR-15-0876
    Court of Criminal Appeals of Alabama.
    October 14, 2016 Reh. denied November 10, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Ervain Lavet REYNOLDS v. CITY OF DOTHAN
    CR-15-0908
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    S.R.A. v. STATE
    CR-15-0910
    Court of Criminal Appeals of Alabama.
    October 28, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Reh. denied.


text:
    Kenneth Paul SHEPHERD v. STATE
    CR-15-0924
    Court of Criminal Appeals of Alabama.
    October 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Reginald Deshone ROGERS v. CITY OF MONTGOMERY
    CR-15-0905
    Court of Criminal Appeals of Alabama.
    October 13, 2016 Reh. denied December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Transferred to Montgomery Cir. Ct.


text:
    Vernon MADISON v. STATE
    CR-15-0931
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    B.A.F. v. STATE
    CR-15-0941
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    EX PARTE Alejandros CASTANEDA
    CR-15-0937
    Court of Criminal Appeals of Alabama.
    October 24, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. denied.


text:
    Anthony TROTTER v. STATE
    CR-15-0934
    Court of Criminal Appeals of Alabama.
    October 14, 2016 Reh. denied November 10, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    William Clyde BRADFORD v. STATE
    CR-15-0953
    Court of Criminal Appeals of Alabama.
    October 11, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Reh. denied.


text:
    Reginald Lenoir HOLT v. STATE
    CR-15-0954
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Reh. denied.


text:
    Austin Jeremy BOBO v. STATE
    CR-15-0960
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Matthew Evan FARMER v. STATE
    CR-15-0961
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Wayne Demetric PERRY v. STATE
    CR-15-0955
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Marvin Jaamal SMITH v. STATE
    CR-15-0967
    Court of Criminal Appeals of Alabama.
    December 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Ezakeous Marquis BROWN v. STATE
    CR-15-0973
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Susie Lee MCLEMORE v. CITY OF MONTGOMERY
    CR-15-0977
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    EX PARTE Alfred P. MONTGOMERY
    CR-15-0969
    Court of Criminal Appeals of Alabama.
    October 24, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. denied.


text:
    Kenneth WILSON v. STATE
    CR-15-0979
    Court of Criminal Appeals of Alabama.
    October 21, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Cecil Madison FERGUSON v. STATE
    CR-15-0980
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Terry Lamar JONES v. STATE
    CR-15-0981
    Court of Criminal Appeals of Alabama.
    November 4, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Reh. denied.


text:
    Darrell PARKER v. ALABAMA BOARD OF PARDONS & PAROLES
    CR-15-0983
    Court of Criminal Appeals of Alabama.
    October 21, 2016 Reh. denied November 18, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Zonnie WEAVER v. ALABAMA DEPARTMENT OF CORRECTIONS
    CR-15-0984
    Court of Criminal Appeals of Alabama.
    October 12, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Transferred to Ct. of Civ. App.


text:
    Robert Steven KIZZIAH v. STATE
    CR-15-1006
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    David Bernard LOFTON v. STATE
    CR-15-0996
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    EX PARTE James ROBINSON
    CR-15-0985
    Court of Criminal Appeals of Alabama.
    October 24, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. denied.


text:
    EX PARTE Xavier Dewon BROWN
    CR-15-0991
    Court of Criminal Appeals of Alabama.
    October 24, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. denied.


text:
    David Scott GAFFORD v. STATE
    CR-15-0999
    Court of Criminal Appeals of Alabama.
    October 21, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Sidney BAKER v. STATE
    CR-15-1022
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Tristan D. WILLIAMS v. STATE
    CR-15-1023
    Court of Criminal Appeals of Alabama.
    December 9, 2016 Reh. denied December 30, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    EX PARTE Ronnie L. COLVIN
    CR-15-1007
    Court of Criminal Appeals of Alabama.
    October 24, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. denied.


text:
    EX PARTE Carlton GAITERS
    CR-15-1017
    Court of Criminal Appeals of Alabama.
    October 24, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    Khiry Terrel BEACHUM v. STATE
    CR-15-1013
    Court of Criminal Appeals of Alabama.
    October 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Petro Deran PUGH v. STATE
    CR-15-1033
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Christopher COLBERT v. STATE
    CR-15-1024
    Court of Criminal Appeals of Alabama.
    October 21, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Shawn Devonta SMITH v. STATE
    CR-15-1025
    Court of Criminal Appeals of Alabama.
    October 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Eliot Atlee HOFF v. CITY OF NORTHPORT
    CR-15-1028
    Court of Criminal Appeals of Alabama.
    October 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Shannon SCOTT v. ALABAMA BOARD OF PARDONS & PAROLES
    CR-15-1039
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Shicolbe Devol BELL v. STATE
    CR-15-1052
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Cordell WADE v. STATE
    CR-15-1041
    Court of Criminal Appeals of Alabama.
    October 14, 2016 Reh. denied October 28, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Michael Tyson LEE v. STATE
    CR-15-1050
    Court of Criminal Appeals of Alabama.
    October 12, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Reversed and remanded.


text:
    Bryant James ANDERSON v. STATE
    CR-15-1058
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    EX PARTE Tommy J. BOLDIN
    CR-15-1056
    Court of Criminal Appeals of Alabama.
    December 7, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. denied.


text:
    EX PARTE Mario JIMINEZ
    CR-15-1064
    Court of Criminal Appeals of Alabama.
    November 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Transferred to Lee Cir. Ct.


text:
    Climpson MARTIN v. ALABAMA DEPARTMENT OF CORRECTIONS
    CR-15-1055
    Court of Criminal Appeals of Alabama.
    October 21, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Gregory BLUE v. ALABAMA BOARD OF PARDONS & PAROLES
    CR-15-1054
    Court of Criminal Appeals of Alabama.
    October 7, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    J.R.M. v. STATE
    CR-15-1075
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Edward Livingston SIMS v. STATE
    CR-15-1073
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    EX PARTE Michael WEBB
    CR-15-1072
    Court of Criminal Appeals of Alabama.
    October 17, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Reh. denied.


text:
    Theodore Alton ROBERTS, Jr. v. STATE
    CR-15-1081
    Court of Criminal Appeals of Alabama.
    October 14, 2016 Reh. denied November 10, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Olin GRIMSLEY v. ALABAMA DEPARTMENT OF CORRECTIONS
    CR-15-1078
    Court of Criminal Appeals of Alabama.
    October 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Christopher James BRYANT v. STATE
    CR-15-1086
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    EX PARTE Ronald L. WHITWORTH, Jr.
    CR-15-1097
    Court of Criminal Appeals of Alabama.
    December 7, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. denied.


text:
    EX PARTE Harold Clarence FROST
    CR-15-1096
    Court of Criminal Appeals of Alabama.
    October 26, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    Steven Craig HOOVEN v. STATE
    CR-15-1093
    Court of Criminal Appeals of Alabama.
    October 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Ricky Nelson BASS v. STATE
    CR-15-1088
    Court of Criminal Appeals of Alabama.
    October 4, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Reh denied.


text:
    Tony WILLIAMS v. STATE
    CR-15-1109
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Jekovan Vantrell LIGON v. STATE
    CR-15-1102
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    EX PARTE Barry WILLIAMS
    CR-15-1103
    Court of Criminal Appeals of Alabama.
    December 7, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Habeas corpus pet. dismissed.


text:
    EX PARTE Joe Ranger PICKETT
    CR-15-1105
    Court of Criminal Appeals of Alabama.
    October 24, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. denied.


text:
    James ROBINSON v. ALABAMA DEPARTMENT OF CORRECTIONS
    CR-15-1108
    Court of Criminal Appeals of Alabama.
    October 21, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Reh. denied.


text:
    Daniel STENNIS v. STATE
    CR-15-1111
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Tavaris Maurice PATRICK v. STATE
    CR-15-1115
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    G.P. v. STATE
    CR-15-1114
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    D.S. v. STATE
    CR-15-1112
    Court of Criminal Appeals of Alabama.
    October 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Melvin RAY v. STATE
    CR-15-1118
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Ricky VARNER v. STATE
    CR-15-1120
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Raheem Deontay RAMSEY v. STATE
    CR-15-1121
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    EX PARTE Cedric WILSON
    CR-15-1126
    Court of Criminal Appeals of Alabama.
    December 7, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. denied.


text:
    EX PARTE Blake COFIELD
    CR-15-1123
    Court of Criminal Appeals of Alabama.
    October 24, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. denied.


text:
    Pravin M. PATEL v. STATE
    CR-15-1141
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Johnathan Michael HOANG v. STATE
    CR-15-1134
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    EX PARTE James LEDBETTER
    CR-15-1131
    Court of Criminal Appeals of Alabama.
    December 7, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. denied.


text:
    EX PARTE L.D.B.
    CR-15-1128
    Court of Criminal Appeals of Alabama.
    November 10, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    EX PARTE Arthur L. SIMON
    CR-15-1137
    Court of Criminal Appeals of Alabama.
    October 24, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    Donna MYRICK v. STATE
    CR-15-1140
    Court of Criminal Appeals of Alabama.
    October 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Kelvin Leon YOUNG v. STATE
    CR-15-1151
    Court of Criminal Appeals of Alabama.
    December 9, 2016 Reh. denied December 23, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    EX PARTE Weldon BERRY, Jr.
    CR-15-1157
    Court of Criminal Appeals of Alabama.
    October 24, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. denied.


text:
    Shaquille CRAYTON v. ALABAMA DEPARTMENT OF CORRECTIONS
    CR-15-1154
    Court of Criminal Appeals of Alabama.
    October 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Randy L. MATKINS v. STATE
    CR-15-1159
    Court of Criminal Appeals of Alabama.
    October 14, 2016 Reh. denied December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    James Calvin FRAZIER v. ALABAMA DEPARTMENT OF CORRECTIONS
    CR-15-1145
    Court of Criminal Appeals of Alabama.
    October 12, 2016 Reh. denied December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Reversed and remanded.


text:
    Larry G. COKER v. STATE
    CR-15-1177
    Court of Criminal Appeals of Alabama.
    December 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Reversed and remanded.


text:
    Kevin Lynn LAMB v. STATE
    CR-15-1171
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Carlenilus Keon SANDIFER v. STATE
    CR-15-1173
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    EX PARTE Jason Jermaine HALL
    CR-15-1176
    Court of Criminal Appeals of Alabama.
    October 24, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. denied.


text:
    Anthony Jerell MCCLAIN v. STATE
    CR-15-1170
    Court of Criminal Appeals of Alabama.
    October 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Anthony Antwon HARRIS v. STATE
    CR-15-1195
    Court of Criminal Appeals of Alabama.
    December 9, 2016 Reh. denied December 30, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Theodore Roosevelt BURRUSS v. STATE
    CR-15-1194
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Damion Jermaine GARDNER v. STATE
    CR-15-1188
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    EX PARTE Marcus P. JACKSON
    CR-15-1178
    Court of Criminal Appeals of Alabama.
    December 7, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    Silas MARTIN v. ALABAMA BOARD OF PARDONS & PAROLES
    CR-15-1184
    Court of Criminal Appeals of Alabama.
    October 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Jonathan Lee VINSON v. STATE
    CR-15-1202
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    EX PARTE Leonardo A. WYNN
    CR-15-1200
    Court of Criminal Appeals of Alabama.
    December 7, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    EX PARTE Tommy Lee PATE
    CR-15-1199
    Court of Criminal Appeals of Alabama.
    December 7, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    EX PARTE Ronnie FAGAN
    CR-15-1198
    Court of Criminal Appeals of Alabama.
    November 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Transferred to Lawrence Cir. Ct.


text:
    EX PARTE Richard D. KENNEDY
    CR-15-1197
    Court of Criminal Appeals of Alabama.
    October 24, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. denied.


text:
    Ex parte State
    (In re: STATE v. Lynda BRANCH)
    CR-15-1203
    Court of Criminal Appeals of Alabama.
    October 24, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. granted.


text:
    Kenneth Leon MORROW v. STATE
    CR-15-1207
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    P.R.M. v. STATE
    CR-15-1211
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    EX PARTE Tommy Ray GANUS
    CR-15-1213
    Court of Criminal Appeals of Alabama.
    October 24, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Habeas corpus pet. dismissed.


text:
    EX PARTE Tyrice JACKSON
    CR-15-1210
    Court of Criminal Appeals of Alabama.
    October 24, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    Tawaine Pernell MCCULLOUGH v. STATE
    CR-15-1216
    Court of Criminal Appeals of Alabama.
    October 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    EX PARTE Khomeini Nikumus DATCHER
    CR-15-1212
    Court of Criminal Appeals of Alabama.
    October 3, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    Steven CRENSHAW v. STATE
    CR-15-1220
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Darrell WIMBERLY v. STATE
    CR-15-1228
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Orlando Samuel MCKEITHEN v. STATE
    CR-15-1218
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Dominick Lewis EVERSON v. STATE
    CR-15-1224
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    EX PARTE Samuel Alan MCCORMICK
    CR-15-1222
    Court of Criminal Appeals of Alabama.
    October 3, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Habeas corpus pet. dismissed.


text:
    Ronald Odell KING v. STATE
    CR-15-1234
    Court of Criminal Appeals of Alabama.
    December 9, 2016 Reh. denied December 23, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Michael Conrad BROWNING v. STATE
    CR-15-1242
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Quintin Lester CHANDLER v. STATE
    CR-15-1243
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    EX PARTE Willie Otis JAMES
    CR-15-1240
    Court of Criminal Appeals of Alabama.
    October 26, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    Bobby Gene MILES v. STATE
    CR-15-1244
    Court of Criminal Appeals of Alabama.
    October 21, 2016 Reh. denied November 10, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Kamal Tauheed RUSSAW v. STATE
    CR-15-1251
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Joey A. GRIZZELL v. STATE
    CR-15-1253
    Court of Criminal Appeals of Alabama.
    December 9, 2016 Reh. denied December 23, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Charles Edward SCOTT v. STATE
    CR-15-1257
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    EX PARTE Joseph Stephen WEST
    CR-15-1249
    Court of Criminal Appeals of Alabama.
    December 7, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    EX PARTE Joey A. GRIZZELL
    CR-15-1258
    Court of Criminal Appeals of Alabama.
    October 26, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Habeas corpus pet. denied.


text:
    EX PARTE Ron Ferrendo ROSS
    CR-15-1254
    Court of Criminal Appeals of Alabama.
    October 6, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Reh. denied


text:
    Tammy Roy COFIELD v. STATE
    CR-15-1266
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    David L. BEASON v. STATE
    CR-15-1281
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Michael Ray MORRISON v. STATE
    CR-15-1282
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Jimmy D. MCKLEROY v. STATE
    CR-15-1271
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Nevis JENNINGS, Jr. v. STATE
    CR-15-1295
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Kenneth Darnell ESTERS v. STATE
    CR-15-1283
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Quentin Alexander STEELE v. STATE
    CR-15-1297
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    James WATKINS v. ALABAMA DEPARTMENT OF CORRECTIONS
    CR-15-1286
    Court of Criminal Appeals of Alabama.
    October 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    EX PARTE Gary WALLACE
    CR-15-1290
    Court of Criminal Appeals of Alabama.
    October 3, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    Billy C. BOWEN v. STATE
    CR-15-1304
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Laranden Dewayne PERRY v. STATE
    CR-15-1313
    Court of Criminal Appeals of Alabama.
    December 9, 2016 Reh. denied December 23, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Antwone WILSON v. STATE
    CR-15-1316
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    EX PARTE Thomas J. GRIDER
    CR-15-1298
    Court of Criminal Appeals of Alabama.
    October 3, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Transferred to Jefferson Cir. Ct.


text:
    EX PARTE Larrie JENKINS
    CR-15-1301
    Court of Criminal Appeals of Alabama.
    October 3, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    Deandre COOPER v. STATE
    CR-15-1323
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Charlie Lewis GRAY v. STATE
    CR-15-1320
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    John SIZEMORE v. ALABAMA BOARD OF PARDONS & PAROLES
    CR-15-1317
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Andre Legay WALLACE v. STATE
    CR-15-1324
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Tequan Sabre GRAHAM v. STATE
    CR-15-1326
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Kennedy MINNIFIELD v. STATE
    CR-15-1332
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Paul Lachu GIBSON v. STATE
    CR-15-1345
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Darrell AMOS v. ALABAMA DEPARTMENT OF CORRECTIONS
    CR-15-1353
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    EX PARTE Jimmy Lee BOLDEN
    CR-15-1373
    Court of Criminal Appeals of Alabama.
    November 22, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. denied.


text:
    EX PARTE Milton HAMBRIGHT
    CR-15-1379
    Court of Criminal Appeals of Alabama.
    November 9, 2016 Reh. denied November 29, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. denied.


text:
    EX PARTE James Jeffrey CAIN
    CR-15-1370
    Court of Criminal Appeals of Alabama.
    October 3, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    EX PARTE Willie Leon BANKS
    CR-15-1368
    Court of Criminal Appeals of Alabama.
    October 3, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. denied.


text:
    EX PARTE Jerome GREER
    CR-15-1369
    Court of Criminal Appeals of Alabama.
    October 3, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Habeas corpus pet. dismissed.


text:
    EX PARTE Christopher Lewis BARROW
    CR-15-1366
    Court of Criminal Appeals of Alabama.
    October 3, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    Vincent PARRISH, Jr. v. ALABAMA DEPARTMENT OF CORRECTIONS
    CR-15-1390
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Shawn Michael LONDON v. ALABAMA DEPARTMENT OF CORRECTIONS
    CR-15-1397
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    EX PARTE Christopher Randall KIRBY
    CR-15-1389
    Court of Criminal Appeals of Alabama.
    December 7, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    EX PARTE Karen MCPHERSON
    CR-15-1394
    Court of Criminal Appeals of Alabama.
    December 7, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. denied.


text:
    Andrew RICE, Jr. v. ALABAMA DEPARTMENT OF CORRECTIONS
    CR-15-1391
    Court of Criminal Appeals of Alabama.
    November 15, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    EX PARTE Anthony WOOLEY
    CR-15-1405
    Court of Criminal Appeals of Alabama.
    November 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Transferred to Chilton Cir. Ct.


text:
    Kelderick Junone WILLIAMS v. STATE
    CR-15-1407
    Court of Criminal Appeals of Alabama.
    December 22, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Danny Lewis SMITH v. STATE
    CR-15-1420
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    EX PARTE Justin Deron COLEMAN
    CR-15-1414
    Court of Criminal Appeals of Alabama.
    December 7, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Habeas corpus pet. dismissed.


text:
    EX PARTE Anthony A. RUPERT
    CR-15-1408
    Court of Criminal Appeals of Alabama.
    November 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    EX PARTE Glen D. JOHNSON
    CR-15-1413
    Court of Criminal Appeals of Alabama.
    November 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Transferred to Jefferson Cir. Ct.


text:
    EX PARTE Anthony WOOLEY
    CR-15-1412
    Court of Criminal Appeals of Alabama.
    November 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Transferred to Shelby Cir. Ct.


text:
    Quinton Ladale JOHNSON v. STATE
    CR-15-1426
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    EX PARTE James Charley MOON
    CR-15-1421
    Court of Criminal Appeals of Alabama.
    December 7, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    EX PARTE Kevin J. WALKER
    CR-15-1437
    Court of Criminal Appeals of Alabama.
    November 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    EX PARTE Reginald Wayne BAKER
    CR-15-1429
    Court of Criminal Appeals of Alabama.
    November 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Transferred to Tallapoosa Cir. Ct.


text:
    EX PARTE Labarron PERKINS
    CR-15-1433
    Court of Criminal Appeals of Alabama.
    October 26, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. denied.


text:
    EX PARTE Leonard E. DORSEY
    CR-15-1424
    Court of Criminal Appeals of Alabama.
    October 26, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Transferred to Ct. of Civ. App.


text:
    Edmond Kennies BURKE v. STATE
    CR-15-1469
    Court of Criminal Appeals of Alabama.
    December 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Courtney BOYD v. STATE
    CR-15-1441
    Court of Criminal Appeals of Alabama.
    December 9, 2016 Reh. denied December 23, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Affirmed.


text:
    Keith L. MARKS v. STATE
    CR-15-1451
    Court of Criminal Appeals of Alabama.
    December 7, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    EX PARTE Justin DEVOULD
    CR-15-1473
    Court of Criminal Appeals of Alabama.
    November 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Transferred to Shelby Cir. Ct.


text:
    EX PARTE Robert F. YOUNG
    CR-15-1472
    Court of Criminal Appeals of Alabama.
    November 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Transferred to Madison Cir. Ct.


text:
    EX PARTE Doyle Maxwell THOMASON
    CR-15-1481
    Court of Criminal Appeals of Alabama.
    December 7, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Habeas corpus pet. dismissed.


text:
    EX PARTE M.P.F.
    CR-15-1503
    Court of Criminal Appeals of Alabama.
    November 21, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Transferred to Tallapoosa Cir. Ct.


text:
    Fozi AL-ZOKARI v. STATE
    CR-15-1490
    Court of Criminal Appeals of Alabama.
    November 17, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    EX PARTE Devon M. EASLEY
    CR-15-1477
    Court of Criminal Appeals of Alabama.
    November 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Transferred to Shelby Cir. Ct.


text:
    EX PARTE David KYLE
    CR-15-1483
    Court of Criminal Appeals of Alabama.
    November 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Transferred to Etowah Cir. Ct.


text:
    EX PARTE Joseph R. NELSON
    CR-15-1502
    Court of Criminal Appeals of Alabama.
    November 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Transferred to Jefferson Cir. Ct., Bessemer Div.


text:
    EX PARTE Danny L. SMITH
    CR-15-1507
    Court of Criminal Appeals of Alabama.
    December 7, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    EX PARTE Ronald Harrison NEWELL
    CR-15-1515
    Court of Criminal Appeals of Alabama.
    November 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Transferred to Jefferson Cir. Ct.


text:
    EX PARTE Clyde H. FRIEND
    CR-16-0005
    Court of Criminal Appeals of Alabama.
    November 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    EX PARTE James JACKSON
    CR-15-1506
    Court of Criminal Appeals of Alabama.
    November 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    John ROPER II v. STATE
    CR-16-0004
    Court of Criminal Appeals of Alabama.
    October 19, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    EX PARTE Allen Keith ROBINSON
    CR-16-0007
    Court of Criminal Appeals of Alabama.
    October 18, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. denied.


text:
    EX PARTE Clyde ANDERSON, Jr.
    CR-16-0014
    Court of Criminal Appeals of Alabama.
    December 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    EX PARTE Torrance BAILEY
    CR-16-0027
    Court of Criminal Appeals of Alabama.
    December 7, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. denied.


text:
    EX PARTE Tommy STURDIVANT
    CR-16-0022
    Court of Criminal Appeals of Alabama.
    November 21, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. denied.


text:
    William Lawrence CROSBY v. STATE
    CR-16-0019
    Court of Criminal Appeals of Alabama.
    November 17, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Reh. denied.


text:
    EX PARTE Arthur L. SIMON
    CR-16-0013
    Court of Criminal Appeals of Alabama.
    November 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. denied.


text:
    EX PARTE Jason L. FROST
    CR-16-0026
    Court of Criminal Appeals of Alabama.
    October 13, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    EX PARTE James Amar WOODS
    CR-16-0036
    Court of Criminal Appeals of Alabama.
    December 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Habeas corpus pet. dismissed.


text:
    EX PARTE Charlie Joe WILSON, Jr.
    CR-16-0032
    Court of Criminal Appeals of Alabama.
    December 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. denied.


text:
    EX PARTE Gary D. NANCE
    CR-16-0042
    Court of Criminal Appeals of Alabama.
    December 14, 2016 Reh. denied December 29, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. denied.


text:
    EX PARTE Christopher HAND
    CR-16-0039
    Court of Criminal Appeals of Alabama.
    November 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Transferred to Shelby Cir. Ct.


text:
    EX PARTE James Henry WHITE
    CR-16-0031
    Court of Criminal Appeals of Alabama.
    November 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    EX PARTE Robert Carl BANNON
    CR-16-0028
    Court of Criminal Appeals of Alabama.
    November 9, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Transferred to DeKalb Cir. Ct.


text:
    EX PARTE Jeremy COLEMAN
    CR-16-0060
    Court of Criminal Appeals of Alabama.
    December 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Transferred to Jefferson Cir. Ct., Bessemer Div.


text:
    EX PARTE James A. WOODS
    CR-16-0059
    Court of Criminal Appeals of Alabama.
    December 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    EX PARTE Richard Earl BEARDEN
    CR-16-0050
    Court of Criminal Appeals of Alabama.
    December 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Transferred to Calhoun Cir. Ct.


text:
    David Jerome RUSSELL v. STATE
    CR-16-0064
    Court of Criminal Appeals of Alabama.
    November 17, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    Derrick L. WILLIAMS v. STATE
    CR-16-0065
    Court of Criminal Appeals of Alabama.
    November 10, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Dismissed.


text:
    EX PARTE David Lewis FIFER
    CR-16-0079
    Court of Criminal Appeals of Alabama.
    December 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    EX PARTE Martiniz CURRY
    CR-16-0107
    Court of Criminal Appeals of Alabama.
    December 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. denied.


text:
    EX PARTE Timothy J. RICHARDS
    CR-16-0111
    Court of Criminal Appeals of Alabama.
    December 14, 2016 Reh. denied December 21, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    EX PARTE Shelton L. FOSTER
    CR-16-0109
    Court of Criminal Appeals of Alabama.
    December 7, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Transferred to Ct. of Civ. App.


text:
    EX PARTE Benjamin Antonio HASTY
    CR-16-0110
    Court of Criminal Appeals of Alabama.
    November 21, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. denied.


text:
    EX PARTE Johnny S. YOUNG
    CR-16-0108
    Court of Criminal Appeals of Alabama.
    November 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    EX PARTE Jerome EILAND
    CR-16-0162
    Court of Criminal Appeals of Alabama.
    December 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    EX PARTE Rickey RANKIN
    CR-16-0160
    Court of Criminal Appeals of Alabama.
    December 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    EX PARTE Wilbert (Wilbur) AARON
    CR-16-0130
    Court of Criminal Appeals of Alabama.
    December 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Transferred to Montgomery Cir. Ct.


text:
    EX PARTE James PITTS
    CR-16-0163
    Court of Criminal Appeals of Alabama.
    December 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    EX PARTE Erskine L. SPEARMAN
    CR-16-0157
    Court of Criminal Appeals of Alabama.
    December 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    Antonio Demetrius FINKLEA v. STATE
    CR-16-0127
    Court of Criminal Appeals of Alabama.
    December 1, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Reh. denied.


text:
    EX PARTE Andre BRADLEY
    CR-16-0164
    Court of Criminal Appeals of Alabama.
    December 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.


text:
    EX PARTE Gary J. LEWIS
    CR-16-0165
    Court of Criminal Appeals of Alabama.
    December 14, 2016
    DECISION WITHOUT PUBLISHED OPINION
   Mand. pet. dismissed.