RESENTENCING OF HABITUAL OFFENDERS PROPOSED

A 2021 ALABAMA HOUSE BILL PROPOSES RESENTENCING OF HABITUAL OFFENDERS WITH NON VIOLENT CONVICTIONS House Bill 24 proposes allowing resentencing of habitual offenders who have non-violent convictions prior to October 1, 2013. The proposed law would allow resentencing of habitual offenders under certain limited circumstances. People who were convicted of a non-violent offense prior to […]

APPEAL WAIVERS IN FEDERAL CRIMINAL CASES EXAMINED BY SUPREME COURT

Supreme Court Hears Argument on Appeal Waivers in Federal Criminal Cases The United States Supreme Court heard oral argument last week in a case concerning appeal waivers in Federal criminal cases.  The appeal involves a claim of ineffective assistance of counsel based on an attorney failing to file an appeal when requested to do so […]

Alabama Expungement Law Expands

Alabama Expungement Law Expands to Include Cases with Not Guilty Verdicts Even on Violent Offenses As of May 25, 2017, the Alabama Expungement Law has been expanded to allow expungement of cases where there was a not guilty verdict.  The new expansion of the expungement law includes expungement of violent offenses where there is a […]

PROPOSED BILL EXPANDS ALABAMA EXPUNGEMENT LAW

House Bill 28 Proposes Expansion of Alabama Expungement Law To Include Some Convictions Representative Chris England of Tuscaloosa has introduced legislation to expand the Alabama Expungement law to include convictions for some misdemeanor and felony convictions.  House bill 28 would expand the Alabama Expungement law to include convictions for misdemeanor offenses, traffic violations, municipal ordinance violations, […]

BRADFORD NAMED AMONG BIRMINGHAM TOP LAWYERS

B Metro Magazine Names Bradford Among Birmingham Top Lawyers The March 2016 edition of B Metro Magazine  compiled a list of Birmingham Top Lawyers for 2016 based on a survey of local attorneys as well as a review of attorney listings and rankings according to AVVO.  William K. “Chip” Bradford was named among those chosen […]

NEW ALABAMA ATTORNEY – MEREDITH K. MAITREJEAN JOINS FIRM

Bradford Ladner LLP is proud to announce that Meredith K. Maitrejean has joined the firm as our newest Alabama Attorney.  Meredith came to us after taking the Alabama Bar Exam this past July.  She worked with us as a law clerk while she waited on the announcement of the Bar Exam results.  We are thrilled […]

AMBER LADNER NAMED AS ONE OF BIRMINGHAM TOP WOMEN LAWYERS

B-Metro Magazine Lists Ladner On Birmingham Top Women Lawyers List B-Metro has released its 2015 list of Birmingham Top Women Lawyers in a recent publication.  Bradford Ladner LLP is proud to say that Amber Ladner was included in the publication as a top women lawyer in Alabama for 2015.  Ladner is delighted to take her […]

Email Evidence Admissibility

Alabama Court of Civil Appeals Joins Court of Criminal Appeals On Authentification of Email Evidence As posted earlier this year on our Appellate Law Webpage, the Alabama Court of Criminal Appeals issued an opinion addressing the admission of email evidence at trial.  This  week the Alabama Court of Civil Appeals adopted the holding of the […]

Prison Reform Bill Introduced In Alabama Legislature

Prison Reform Bill Reviewed By Senate Judiciary Committee A prison reform bill was introduced in the Alabama Senate  late last month. A large portion of the proposed legislation is aimed at diverting offenders charged with drug offenses and low level property crimes away from prison and into supervised probation programs and community corrections. The Alabama […]

New Decision Addresses Authentication of Email Evidence

Alabama Court of Criminal Appeals Decision Sets Out Requirements For Authenticating E-mail Evidence In a decision announced November 21, 2014 by the Alabama Court Of Criminal Appeals, the appellate court set out for the first time the evidentiary requirements for the admission of email evidence in an Alabama criminal trial. In Culp v. State ____ […]

ALABAMA SENTENCING GUIDELINES APPLY TO SENTENCING IN PRE-GUIDELINES CASE

The Alabama Sentencing Guidelines Apply to Any Sentencing After October 1, 2013 In an October 3, 2014 decision from the Alabama Court of Criminal Appeals, the Court of Appeals held that the Alabama Sentencing Guidelines applied to cases where the offense was committed prior to the effective date of the presumptive guidelines, but where the […]

Alabama Criminal Sentencing – Coterminous Time

Alabama Criminal Appeals Decision Says No Coterminous Time In Alabama Criminal Sentencing The Alabama Court of Criminal Appeals held that Alabama criminal sentencing under the Alabama Code does not include a grant of authority to a trial court to run sentences coterminously.  In Carroll V. Alabama Department of Corrections, released October 3, 2014, the Alabama […]

ALABAMA EXPUNGEMENT GRANTED

Petition For Alabama Expungement Granted Bradford Ladner LLP is happy to say that we have been successful in obtaining relief for our client under the Alabama Expungement Law.  Our client was charged a number of years ago with a misdemeanor theft charge in a local municipal court.  The client successfully completed a deferred prosecution program […]

ALABAMA EXPUNGEMENT PETITION – FACTORS CONSIDERED BY COURT

The Court Must Consider Certain Factors When Ruling On Alabama Expungement Petition The factors that the court must consider in ruling on your Alabama expungement petition are set out in the Alabama Code as part of the new expungement law.  The factors can be found at Alabama Code § 15-27-5.  The factors are as follows: Nature […]

ALABAMA EXPUNGEMENT BILL UPDATE

Alabama Expungement Bill Waiting For Governors Signature The Alabama expungement bill has passed both the house and senate and is awaiting the Governor’s signature.  The bill would allow the expungement of misdemeanor and some felony criminal records where the person involved was acquitted or the case was dismissed or nol prossed. If signed, the new […]

ALABAMA EXPUNGEMENT BILL – NEW PROPOSED LEGISLATION UPDATE

Alabama Expungement Bill Makes It Way Through Legislature Once again this year, an Alabama expungement law has been proposed in the Alabama legislature.  The bill was introduced as Senate Bill 108 by Senator Roger Bedford.  The good news is that this Alabama expungement law may actually have a viable chance of passage.  The bill has […]

LEGISLATION – Arrest Website Legislation – Proposed Alabama Law

Alabama Law Proposed Regarding Removal Of Arrest Information From Internet The Alabama legislature has proposed a new Alabama law requiring operators of website containing an arrest photograph and personal information of a person charged with a crime to remove, at no charge, the photograph and information within a specified period after notice that the person was acquitted, the charges were dropped, […]

Bradford Speaks On Alabama Sentencing Guidelines

William K. “Chip’ Bradford speaks at ACDLA “4 Corners” Seminar on Alabama Sentencing Guidelines Bradford was a featured speaker at this years ACDLA “4 Corners” Seminar in Enterprise, Alabama, speaking on issues with the Alabama Sentencing Guidelines.  Bradford presented area criminal defense attorneys with an overview of the sentencing guidelines, which were recently made presumptively […]

CRIMINAL LAW LEGISLATIVE UPDATE – DECEMBER 4, 2013

The Alabama Criminal Law Legislative Update Includes The Following Pre-filed House Bills   HOUSE BILL 27 – CHANGING DEFINITION OF BURGLARY SECOND DEGREE Pre-filed on 10/18/13 by Rep. Wood Under the existing statute, a person commits burglary in the second degree if the person unlawfully enters a lawfully occupied dwelling-house with intent to commit a […]

Death Penalty Judicial Override Criticized

U. S. Supreme Court Dissent Critical Of Alabama Death Penalty Judicial Override In a November 18, 2013 dissent to the denial of certiorari, Justice Sonia Sotomayor was highly critical of Alabama’s death penalty judicial override.  In the case of  Mario Dion Woodward v. Alabama, the United States Supreme Court declined to review a death penalty […]