Birmingham, AL
Appeals Lawyer at Birmingham, AL
Practice Areas: Appeals, Criminal Defense, Family
OUTCOME: Reversed and remanded for trial
Pharmaceutical negligence claim against Public was dismissed on summary judgment. We successfully obtained a reversal of the summary judgment order and had the case reinstated for trial.
OUTCOME: Judgment reversed and case remanded for new trial
Civil judgment reversed and case remanded for new trial based on trial court's admission of irrelevant and highly prejudicial evidence.
OUTCOME: Judgment reversed and case remanded for new trial
Judgment reversed and case remanded for new trial due to trial court's admission of irrelevant and highly prejudicial evidence.
OUTCOME: Appeal won - excessive alimony award reversed and inheritance protected.
Successfully overturned an excessive alimony award on appeal while protecting our client's inheritance from his ex-wife.
OUTCOME: Appeal won - Felony conviction set aside as void, client released from prison
While represented by a different attorney, the defendant entered a guilty plea to a sex offense and was sentenced to prison. We were then retained to appeal the conviction and have the guilty plea set ... aside. We succeeded in having the guilty plea set aside based on the indictment being void due to an expired statute of limitations.
OUTCOME: Appeal won - Remand from Court of Criminal Appeals
Mr Aubrey hired me to file a Rule 32 petition to attempt to set aside a previous guilty plea and conviction from when he was represented by a different attorney. When the trial court denied his petitio ... n without a hearing, we appealed the trial court's order and won a remand from the Court of Criminal Appeals. The Court of Criminal Appeals ordered the trial court to conduct a hearing on the issues asserted in the Rule 32 petition and to make a ruling on the merits of his case. Unfortunately, Mr. Aubrey died a few weeks before he was scheduled to appear in court, so ultimately he missed the opportunity to clear his name in court.
OUTCOME: Won at trial and on appeal
After Mr. Morris's wife falsely claimed to be an Alabama resident and filed for divorce against him in Alabama rather than their home state of Georgia, I successfully obtained an order from the trial c ... ourt dismissing the Alabama divorce case due to a lack of jurisdiction. When the wife appealed the decision, we won an affirmation of the trial court's judgment in the Court of Civil Appeals. The parties ultimately litigated their divorce in Georgia, where it should have been filed in the first place.
OUTCOME: In addition to winning the appeal to force a stay of the divorce proceedings while the criminal charges were pending, we also ultimately secured dismissals of all of the criminal charges against Mr. Rawls. Case handled along with attorney Tanya Halford.
Landmark case in Alabama involving the right to assert the Fifth Amendment privilege against self-incrimination in civil cases. In the Rawls case, the context was requesting a stay of the divorce court ... proceedings due to criminal charges related to the marital relationship. We won the appeal to force the trial judge to issue a stay of the divorce trial while the criminal charges were pending, and later won a dismissal of all of the criminal charges against Mr. Rawls.
OUTCOME: Remanded for the trial court to issue more precise discovery order for further Rule 32 proceedings.
Trial court granted broad discovery request to Rule 32 petitioner, and State of Alabama appealed. Appellate court ruled that discovery order had to be more specifically tailored to the specific claims ... alleged in the petition, and could not be used to investigate claims that had yet been alleged.
OUTCOME: Affirmed, but with excellent dissent by Justice England joined by Justices Johnstone and Houston
Illegal search was challenged on appeal. A narrowly divided Alabama Supreme Court affirmed the search, but with three justices dissenting and taking the position that the search should have been suppre ... ssed. The dissent should have been the majority opinion.
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