Case Results
GENERAL CIVIL CASE RESULTS
Shirley Scroggins v. Jeff Barron; Cite as: Barron v. Scroggins, 910 So. 2d 780 (Ala. Civ. App. 2005)
Probate Court of Jefferson County, Alabama
Case No: CV-183393
SUMMARY
Summary: Ms. Scroggins, my client, filed a Petition for her mother’s Will to be probated in Jefferson County. Barron, the grandson, filed a cross-petition to probate the Will in another county and to serve as executor of the estate. A trial was conducted in Jefferson County Probate Court. The trial court concluded that the Will should be probated in Jefferson County, and that Barron had been self-dealing money from his grandmother’s estate. Additionally, Barron had to repay approximately $54,000 to the Estate of Marian E. Hawkins. The case was appealed and the Court of Civil Appeals affirmed the trial court’s decision.
FAMILY LAW CASE RESULTS
Burton v. Burton
Circuit Court of Jefferson County, Alabama
Case No: DR-96-2544.02-RAF
SUMMARY
Summary: Father filed a Petition seeking to gain custody of minor child. My office represented the mother against tremendous odds and a father that had unlimited resources. After a day and a half trial, the trial court ruled for my client, the mother, to retain custody of her minor child. Additionally, the father was held in contempt of court and ordered to serve eight days in jail for contempt and pay all attorney fees associated with representing the mother.
FAMILY LAW CASE RESULTS
Stanbridge v. Stanbridge
Circuit Court of Jefferson County, Alabama
Case No: DR-2010-1811
SUMMARY
Summary: My client, wife and mother of three, was married for 24 years and had primarily been a housewife. Upon being retained to represent my client, and as a result of reviewing financial records, and planning and preparing the case for possible trial, I was able to secure an alimony property settlement of $140,000.00 in cash over ten years and all equity from the sale of the marital home.
FAMILY LAW CASE RESULTS
Fitzgerald (Ray) v. Fitzgerald
Circuit Court of Jefferson County, Alabama
Case No: DR-2005-1317.01-JAP
SUMMARY
Summary: The parties were divorced in 2005 and the mother received legal custody of the minor children and $15,000.00 cash as a property settlement. In 2010, the father and my client filed a Petition to Modify the Divorce Decree, reduce child support and receive standard visitation with the minor child. The mother filed a Petition for Rule Nisi and Counterclaim stating that the father had never paid the $15,000.00 property settlement. The mother requested the following relief: $15,000.00 plus interest, the father be held in criminal and civil contempt of court and jailed, and attorney fees. The Trial was held on March 8, 2001, and the trial court ordered the father standard visitation with the minor child, reduced the amount of child support he was required to pay and ruled that the he had paid the mother the $15,000.00 property settlement from the Divorce Decree. The mother was not entitled to attorney fees.
CRIMINAL CASE RESULTS
United States v. Marvin Hamilton
U.S. District Court, Northern District of Alabama
Case No: CR-97-416-JJJ-PWG
SUMMARY
Summary: The main issue for probation revocation was Hamilton’s failure to pay his fine of $15,000. During Hamilton’s sentencing hearing in 1997, Judge Hancock stated that if Hamilton could not pay the fine, the court would readdress the issue at a later date. I was able to subpoena the 1997 Sentencing Transcript from archives as evidence to show the court its earlier remarks. The court dismissed the fine against Hamilton for his lack of ability to pay. Hamilton was revoked for other issues.
CRIMINAL CASE RESULTS
State of Alabama v. Lori Bryan
Circuit Court of Jefferson County, Alabama
Case No: CC-05-3172, 3173
SUMMARY
Summary: Ms. Bryan was charged with resisting arrest and obstruction of justice from a traffic stop. After the first trial resulted in a hung jury, the second trial found Ms. Bryan not guilty of resisting arrest and obstruction of justice.
CRIMINAL CASE RESULTS
United States v. Mikayelyan
U.S. District Court, Northern District of Alabama
Case No: CR-07-66-RDP-TMP
SUMMARY
Summary: My client was a Russian Armenian. Mr. Mikayelyan and two co-defendants were charged by the Grand Jury in the U.S. District Court for the Northern District of Alabama with a four count Indictment which charged the following: Count One, Conspiracy, 18 U.S.C. 371; Count Two, Fraud and Related Activity in Connection with Access Devices, 18 U.S.C. 1029(a)(3); Count Three, Fraud and Related Activity in Connection with Access Devices, 18 U.S.C. 1029(a)(4) and Count Four, Forfeiture, 18 U.S.C. 982(a)(2)(B). The first trial began on May 14, 2007. The trial went on for a week, after which time, the trial ended in a hung jury on all counts for my client. Before the trial began, one of the co-defendants entered a guilty plea to all counts in their case and they received a four year sentence. The second trial was scheduled to begin August of 2007. After another week long trial, my client was found guilty.
CRIMINAL CASE RESULTS
State of Alabama v. C. Mathews
District Court of Jefferson County, Alabama
Case No: 2008-963
SUMMARY
Summary: My client, Mr. Mathews was charged with unlawfully possessing a controlled substance. Mr. Mathews had one pill left in his glove box from a prescription he was given many years ago. Evidence was admitted at trial that he had a valid prescription for the controlled substance.
CRIMINAL CASE RESULTS
State of Alabama v. Gerald Moore
Circuit Court of Shelby County, Alabama
Case No: 2009-136
SUMMARY
Summary: My client was charged with Theft of Property for allegedly stealing gas from a service station. After a hearing was held, the District Attorney was not able to prove any evidence.
CRIMINAL CASE RESULTS
State of Alabama v. Christopher Giraldo
District Court of Mobile County, Alabama
Case No: 2009-7896, 2009-7897, 2009-7987
SUMMARY
Summary: Client was arrested at a traffic stop for speeding, expired tag, no driver’s license, drug paraphernalia and possession of a controlled substance (marijuana). At the preliminary hearing the state agreed to dismiss the felony count and my client pled guilty to a misdemeanor for marijuana third.
CRIMINAL CASE RESULTS
State of Alabama v. La Marsha Felder
District Court of Jefferson County, Alabama
Case No: 2009-9216
SUMMARY
Summary: Client was charged with Burglary in the second degree which is a Class B Felony, which carries a sentencing range of 2-20 years. At the preliminary hearing the alleged victim changed her story and admitted that she did not know who broke in her apartment.
CRIMINAL LAW CASE RESULTS
State of Alabama v. Odell Larkins
Circuit Court of Jefferson County, Alabama
SUMMARY
Summary: Client was charged with Fraudulent Use of Credit/ Debit Card, a Class C Felony and carries a sentencing range of 1 year and 1 day to 10 years in prison. At the preliminary hearing, the alleged victim confessed that it was a domestic dispute and my client did not fraudulently use any debit or credit card.
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.
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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.
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Are Courts Always Free to Divide Property in a Divorce?
How courts divide real property in a divorce. Learn more from Ingram Law, LLC.
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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.
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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.
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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.
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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.
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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.
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