news & articles
Criminal Appeals
2025-07-01David Eugene Files and the Interplay of Ethics and Jurisdiction
In a case that made its way to the highest level of the state court system, the Alabama Supreme Court recently presided over an appeal beginning in Walker County. This case, Ex parte David Eugene Files, centers around a Rule 32 petition for postconviction relief. Files’ petition was dismissed by the Walker circuit court, with the dismissal being affirmed by the Alabama Court of Criminal Appeals.
read articleCriminal Defense
2025-05-07Sufficiency of Evidence: Reviewing the Admissibility and Application of Evidence Through US v. Mapson
In a decision that affirms the admissibility and sufficiency of several distinct types of evidence, the U.S. Court of Appeals for the Eleventh Circuit recently presided over an appeal that found its roots in the U.S. District Court for the Northern District of Alabama.
read articleFamily Law
2025-03-27Are Courts Always Free to Divide Property in a Divorce?
How courts divide real property in a divorce. Learn more from Ingram Law, LLC.
read articleFamily Law
2025-03-24Till Death Do Us Part: Marital Property Division on Behalf of an Estate
In a case that demonstrates the limits of alimony awards, the Alabama Court of Civil Appeals recently heard the case of Larry Shearry v. Christy Spivey, as personal representative of the Estate of Charlotte Shearry.
read article5 min
2025-03-13Fultondale Alabama Municipal Courts: Charges, Penalties, and Why You Should Seek an Attorney
You are driving home late between the hours of 10:00 p.m. and 3:00 a.m. You get pulled over because the police officer states you are driving over the line, driving too slow, have a head light out or you have a taillight out.
read article5 min
2025-03-13The Crime of Stalking in Alabama
Another category of criminal offense in Alabama is stalking. Covered by Article 5, stalking includes offenses for stalking in the first and second degree, aggravated stalking in the first and second degree, and electronic stalking in the first and second degree.
read article5 min
2025-03-13Navigating the Division of Marital Property: Lessons from Barbara Brown v. Ernest Brown
In a case that demonstrates the intricacies of equitable division of marital property, the Alabama Court of Civil Appeals recently presided over an appeal from the Jefferson Circuit Court in Jefferson County. The case of Barbara Brown v. Ernest Brown illustrates the importance of maintaining a clear record on appeal and emphasizes the necessity of full disclosure when dividing marital assets.
read article5 min
2025-03-13Navigating Legal Challenges; Brett Yeiter’s Fight Against a Death Sentence
In a case illustrating the tumultuous and complicated proceedings for challenging a death sentence, the Alabama Court of Criminal Appeals recently heard the appeal of Brett Richard Yeiter v. State of Alabama, stemming from Escambia County. Yeiter’s case underscores the critical need to adhere to procedural requirements, especially in cases involving severe sentences.
read article5 min
2025-03-13Trademark Infringement: Causes of Action Under the Lanham Act
Federal trademark law is primarily governed by the Lanham Trademark Act, also referred to as the Trademark Act of 1946. The Lanham Act, codified in 15 U.S.C. §§1051 to 1127, covers a wide range of trademark issues including registration, maintenance, protection, and the creation of a federal cause of action for trademark infringement.
read article5 min
2025-03-13Navigating the Complexities of Marital Property Division: Catherine S. Cauthen v. Carey Lee Cauthen, Jr.
In a case that highlights the complex issues of marital property division during divorce proceedings, the Alabama Court of Civil Appeals recently heard the appeal of Catherine S. Cauthen v. Carey Lee Cauthen, Jr. Arising from Baldwin County, this case addresses the appeals of both the husband and the wife, demonstrating the intricate nature of property classification and division through six main points of contention. If you need a Divorce Lawyer, Please contact us about your case.
read article5 min
2025-03-13The Battle for Exoneration: Charles McCrory and the Fight Against Outdated Scientific Evidence
In a case that highlights broader systemic issues in the American justice system, the United States Supreme Court recently declined to review a controversial Alabama murder conviction. At this stage, the case of McCrory v. Alabama has been tumultuous for a man who continues to maintain his innocence. The increasing public attention directed towards the challenges defendants face when seeking exonerations is creating legislative pressure for reform, offering hope for a more just future.
read article5 min
2025-03-13Pretrial Matters in Federal Court: How to Make Bond, Detention Hearings, and other Pretrial Functions
18 U.S.C. §3154 describes the functions and powers relating to pretrial services. The statute includes 14 particular functions, and a broader clause allowing the performance of any other functions specified under the chapter.
read article
David Eugene Files and the Interplay of Ethics and Jurisdiction
In a case that made its way to the highest level of the state court system, the Alabama Supreme Court recently presided over an appeal beginning in Walker County. This case, Ex parte David Eugene Files, centers around a Rule 32 petition for postconviction relief. Files’ petition was dismissed by the Walker circuit court, with the dismissal being affirmed by the Alabama Court of Criminal Appeals.
read articles
Sufficiency of Evidence: Reviewing the Admissibility and Application of Evidence Through US v. Mapson
In a decision that affirms the admissibility and sufficiency of several distinct types of evidence, the U.S. Court of Appeals for the Eleventh Circuit recently presided over an appeal that found its roots in the U.S. District Court for the Northern District of Alabama.
read articles
Are Courts Always Free to Divide Property in a Divorce?
How courts divide real property in a divorce. Learn more from Ingram Law, LLC.
read articles
Till Death Do Us Part: Marital Property Division on Behalf of an Estate
In a case that demonstrates the limits of alimony awards, the Alabama Court of Civil Appeals recently heard the case of Larry Shearry v. Christy Spivey, as personal representative of the Estate of Charlotte Shearry.
read articles
Fultondale Alabama Municipal Courts: Charges, Penalties, and Why You Should Seek an Attorney
You are driving home late between the hours of 10:00 p.m. and 3:00 a.m. You get pulled over because the police officer states you are driving over the line, driving too slow, have a head light out or you have a taillight out.
read articles
The Crime of Stalking in Alabama
Another category of criminal offense in Alabama is stalking. Covered by Article 5, stalking includes offenses for stalking in the first and second degree, aggravated stalking in the first and second degree, and electronic stalking in the first and second degree.
read articles
Navigating the Division of Marital Property: Lessons from Barbara Brown v. Ernest Brown
In a case that demonstrates the intricacies of equitable division of marital property, the Alabama Court of Civil Appeals recently presided over an appeal from the Jefferson Circuit Court in Jefferson County. The case of Barbara Brown v. Ernest Brown illustrates the importance of maintaining a clear record on appeal and emphasizes the necessity of full disclosure when dividing marital assets.
read articles
Navigating Legal Challenges; Brett Yeiter’s Fight Against a Death Sentence
In a case illustrating the tumultuous and complicated proceedings for challenging a death sentence, the Alabama Court of Criminal Appeals recently heard the appeal of Brett Richard Yeiter v. State of Alabama, stemming from Escambia County. Yeiter’s case underscores the critical need to adhere to procedural requirements, especially in cases involving severe sentences.
read articlesTrademark Infringement: Causes of Action Under the Lanham Act
Federal trademark law is primarily governed by the Lanham Trademark Act, also referred to as the Trademark Act of 1946. The Lanham Act, codified in 15 U.S.C. §§1051 to 1127, covers a wide range of trademark issues including registration, maintenance, protection, and the creation of a federal cause of action for trademark infringement.
read articles
Navigating the Complexities of Marital Property Division: Catherine S. Cauthen v. Carey Lee Cauthen, Jr.
In a case that highlights the complex issues of marital property division during divorce proceedings, the Alabama Court of Civil Appeals recently heard the appeal of Catherine S. Cauthen v. Carey Lee Cauthen, Jr. Arising from Baldwin County, this case addresses the appeals of both the husband and the wife, demonstrating the intricate nature of property classification and division through six main points of contention. If you need a Divorce Lawyer, Please contact us about your case.
read articles
The Battle for Exoneration: Charles McCrory and the Fight Against Outdated Scientific Evidence
In a case that highlights broader systemic issues in the American justice system, the United States Supreme Court recently declined to review a controversial Alabama murder conviction. At this stage, the case of McCrory v. Alabama has been tumultuous for a man who continues to maintain his innocence. The increasing public attention directed towards the challenges defendants face when seeking exonerations is creating legislative pressure for reform, offering hope for a more just future.
read articlesPretrial Matters in Federal Court: How to Make Bond, Detention Hearings, and other Pretrial Functions
18 U.S.C. §3154 describes the functions and powers relating to pretrial services. The statute includes 14 particular functions, and a broader clause allowing the performance of any other functions specified under the chapter.
read articlesThe Interplay Between Lesser-Included Offenses and Double Jeopardy: The Case of R.E.F. v. State of Alabama
In a case that provides important clarification about double jeopardy when certain charges were reduced to their lesser-included offenses, the Alabama Court of Criminal Appeals recently presided over the appeal of R.E.F. v. State of Alabama.
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The Time Limit of Jurisdiction: Insights from Ex Parte State of Alabama
In a case that clarifies the bounds of jurisdiction for mandamus petitions, the Alabama Court of Appeals recently heard an appeal arising from Mobile County. This case, Ex Parte State of Alabama, explores trial court jurisdiction time limits without a stay, defining when new judgments can be issued, and orders enforced.
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The Child’s Best Interest: The Two-Prong Test for Parental Termination
In a case that illustrates the high bar for terminating parental rights in child custody matters, the Alabama Court of Civil Appeals recently presided over an appeal arising from Baldwin County. This case, W.C.M. v. M.P., addresses a mother’s efforts to terminate the father’s parental rights, highlighting the complex and sensitive nature of proceedings seeking extreme legal remedies.
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180 Years: Analyzing the Appeal of Travis Eugene Wolfe
In a case addressing multiple facets of criminal procedure, the Alabama Court of Criminal Appeals recently presided over an appeal from DeKalb County. This case, Travis Eugene Wolfe v. State of Alabama, demonstrates the breadth of trial court discretion when compounding consecutive sentences, while exploring the procedural and evidentiary requirements forming the basis for Wolfe’s conviction.
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Drug Crimes in Alabama Both State and Federal Charges
In Alabama, drugs are everywhere, both recreational and illegal. Drug charges carry significant jail time for distribution and trafficking, Alabama also criminalizes a wide array of drug offenses. Drug possession and sale offenses are covered by §13A-12-210 to §13A-12-219 of the Alabama Code.
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Evidence of Prejudice: Joseph Michael Wilson and the Importance of Supporting Both Prongs of the Strickland Test
In a case highlighting the extensive requirements to succeed under a Rule 32 petition, the Alabama Court of Criminal Appeals recently presided over an appeal arising from Madison County. This case, Joseph Michael Wilson v. State of Alabama, illustrates the high evidentiary bar that criminal defendants must meet when alleging prejudice arising from ineffective assistance of counsel, demonstrating the high level of deference courts give to attorneys when determining trial strategy.
read articlesMens Rea: The Importance of Proving Intent In a Criminal Case
If you have a Federal Criminal case, a State Criminal case, a Municipal Case or a Family Law case, contact Joe Ingram or Ingram Law LLC at 205-335-2640.
read articlesRape And Sex Crimes in Alabama
Alabama law criminalizes a variety of sexual offenses, the most severe charges being for rape and sodomy. Charges for rape and sodomy in Alabama are classified based on the degree of the offense. Rape in the first degree and sodomy in the first degree, governed by §13A-6-61 and §13A-6-63 respectively, are both classified as Class A felonies.
read articlesFraud In a Divorce: Ex parte Gage Bruce Roberts
In a case that clarifies the court’s power to address acts of fraud, the Alabama Court of Civil Appeals recently presided over an appeal originating in Mobile County. This case, Ex parte Gage Bruce Roberts, addresses fraud in the context of a divorce judgment, emphasizing the court’s authority to handle such scenarios.
read articlesConstitutional Standing and Proof of Intent: The Case of Johnnie Leeanozg DavisConstitutional Standing and Proof of Intent: The Case of Johnnie Leeanozg Davis
In a case that clarifies several principles of criminal procedure, the Eleventh Circuit Court of Appeals recently presided over an appeal arising from the United States District Court for the Middle District of Alabama.
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Double Jeopardy in a Single Trial: The Case of Altonio Spencer
In a case that illustrates the interplay of Alabama’s sentencing laws, the Alabama Court of Criminal Appeals recently heard an appeal originating in Mobile County. This case, Altonio Spencer v. State of Alabama, explores the proper application of the Habitual Felony Offenders Act and clarifies the Double Jeopardy Clause’s applicability when one conviction is included within another.
read articlesFederal Sex Crimes: Offenses, Penalties, and SORNA
18 U.S.C. Pt I, Ch. 109A covers federal sexual abuse crimes. Sexual abuse, codified in §2242, criminalizes three types of conduct. First, the section criminalizes using threats or fear to coerce another person to engage in a sexual act.
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Definitions: Exploring the Effect of Statutory Language on Protection Orders
In a case that dives into evidentiary standards and proper applications of the law, a case arising from Lee County recently made its way to the Alabama Court of Civil Appeals. In the case of P.T.S. III v. S.S., the Court reviewed an elder-abuse protection order, clarifying evidentiary requirements and addressing the relevance and applicability of the Elder Abuse Protection Order and Enforcement Act.
read articlesSex Crimes And Computer Crimes in Alabama
Sexual Offenses are also recognized based on their relationship to technology. §13A-6-111 criminalizes transmitting obscene materials to a child by computer, classifying the crime as a Class B felony.
read articlesConcurrent Split Sentences: Interpreting Sentencing Guidelines in Alabama Criminal Cases
In a case that clarifies the permissibility of concurrent split sentences, the Supreme Court of Alabama recently presided over the case of Ex parte Courtney Rayshun Elston.
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Revocation Procedure: The Delicate Relationship Between Criminal Procedure and Due Process
The Alabama Court of Criminal Appeals recently presided over an appeal from Marion County, affirming the enduring significance of procedural rights in revocation proceedings. This case, Brandon Colby Hayes v. State of Alabama, clarifies the procedural necessity of a formal revocation hearing for community-corrections placements, thereby extending the policy for probation revocation in this area.
read articlesTHCA: The Unaddressed Cannabinoid in Federal Hemp Legislation
Six years ago, the Hemp Farming Act of 2018 went into effect as federal law, legalizing certain marijuana derivatives as “hemp.”
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FaceTime Testimony: The Procedural Limits of Audiovisual Technology
In a case exploring the procedural side of child custody, the Alabama Court of Civil Appeals recently presided over an appeal that began in the Cullman Juvenile Court in Cullman County. The case of T.S. v. Cullman County Department of Human Resources and D.W. delves into the admissibility of remote testimony under relevant Alabama law, which permits such testimony only under specific compelling circumstances.
read articlesMurder, Manslaughter And Criminally Negligent Homicide in Alabama
In Alabama, there are three major criminal charges associated with homicide. The first and most severe is murder, governed by §13A-6-2 of the Alabama Code. Unlike some other jurisdictions, Alabama does not recognize varying degrees of murder.
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Calls for Reform: Background Checks in the Case of Chrisopher Bauer
Alabama law enforcement is facing calls for reform in their hiring process. The public response was inspired when FBI agent Christopher Bauer was convicted last month for sexually assaulting a minor while employed as a state trooper. Bauer’s sentencing, potentially facing life imprisonment, is set for the beginning of August. Bauer began working for the Alabama Law Enforcement Agency in 2019, after state police conducted “a full and thorough” background check. However, Bauer had been fired from the FBI in New Orlean’s the previous year due to allegations of sexual assault, harassment, and several other policy violations, with his victims providing harrowing testimony detailing the encounters. In spite of this record, Bauer was still able to gain employment with the Alabama state police, raising questions about the system of background checks and inter-agency communication practices currently in place.
read articlesDefinition of Domestic Violence
Domestic violence is a pervasive issue that manifests in various forms, affecting individuals regardless of age, gender, or socioeconomic status.
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Demystifying the Burden of Proof: Lessons from Duarel Kelly’s Probation Revocation
In a case emphasizing the importance of meeting the evidentiary burden in all criminal proceedings, the Alabama Court of Criminal appeals recently heard the appeal of Daurel Eugene Kelly v. State of Alabama, arising from Baldwin County. Kelly’s appeal underscores the high standard of proof required in probation revocation hearings, following the same principles as other criminal proceedings.
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Domestic Violence Charges in Alabama
The Alabama Code also criminalizes specific violent offenses within the home and family. Alabama recognizes three degrees of domestic violence, criminalizing actions against current and former spouses, relatives, household members, and former and current romantic partners, with all three degrees covering different crimes against this same group.
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Reversable Error: The Balance Between Prejudicial Evidence and Defendant’s Rights
In a case illustrating the importance of remedies for errors causing significant prejudice against a criminal defendant, the Alabama Court of Criminal Appeals recently presided over an appeal originating from the heart of Montgomery County. This case, D.M.G. v. State of Alabama, explores the impact of an extraneous document on a criminal defendant’s trial, ultimately resulting in the grant of a new trial.
read articlesPrevious Convictions Can Be Used Against You
A previous conviction may be used when you testify in a criminal trial. Learn more from Ingram Law, LLC.
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Safeguarding Rights: The Role of Evidentiary Rules in the Case of Toney R. Harvell
In a case that highlights the importance of evidentiary rules at trial, the Alabama Court of Criminal Appeals recently presided over an appeal arising from Madison County. This case, Toney R. Harvell v. City of Huntsville, explores Rule 404(b) of the Alabama Rules of Evidence, illustrating how evidentiary rules can serve as safeguards for defendants’ rights.
read articlesThe Crime of Kidnapping in Alabama
Kidnapping is only classified in Alabama using two degrees. The less severe offense, kidnapping in the second degree, is a Class B felony governed by §13A-6-44.
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Human Trafficking and Elder Abuse Crimes in Alabama
Human trafficking is also heavily addressed within the Alabama Code. Human trafficking in the second degree under §13A-6-153 is classified as a Class B felony, punishable by 2-20 years’ imprisonment. The offense requires an offender to knowingly benefit from participation in a venture for the purpose of servitude, or if an offender knowingly obtains control over another person for the purpose of servitude.
read articlesThe Case of Fred Plump: Alabama’s Battle Against Political Corruption Continues As Usual
In the conclusion of an intense and high-profile legal battle, former Alabama lawmaker Fred Plump was sentenced to one year and one day in prison, along with three years of supervised release and a $196,150.45 repayment of funds. The sentence reflects Plump’s involvement in a kickback scheme where public funds were diverted from their intended use for community service.
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Rehabilitative vs. Periodic Alimony: The Necessary Findings
At the heart of Etowah County, a recent case made its way to the Alabama Court of Civil Appeals, emphasizing the importance of strictly adhering to statutory requirements in divorce proceedings. This case, Nathan Wayne Jones v. Martha Dale Jones, illustrates this concept by analyzing of the alimony award in a divorce judgment and outlining the proper guidelines for awarding periodic and rehabilitative alimony.
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The Crimes of Burglary And Robbery in Alabama
Another major crime is burglary, categorized by varying degrees in Alabama. The most severe burglary charge is burglary in the first degree, governed by §13A-7-5. To commit an act of burglary in the first degree, the offender must knowingly and unlawfully enter or remain in a building with the intent to commit a felony, and must also be armed with explosives, cause physical injury to another, or either use or threaten to use a deadly weapon that the offender is armed with.
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The Licensing, Legal Disputes, and Logistics of Alabama’s Medical Cannabis Industry
Over the last several years, cannabis use has been cemented as a hot-button political topic, with states across the country proposing and passing legislation to allow, limit, and regulate its use. Although most of the mainstream conversation is centered around the ethics and physical effects of marijuana use, the legalization of medical cannabis use has created a myriad of legal and administrative challenges hidden from the purview of public discussion. Behind the scenes of this intense debate, licensing battles are unfolding in Alabama’s court system, with the Alabama Medical Cannabis Commission finding itself at the heart of the controversy. As Alabama continues working to implement the necessary infrastructure to streamline the medical use of cannabis, these issues are increasingly coming to light, raising the question: how should the logistics be handled?
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