Case Results

In the Circuit Court of Jefferson County, Alabama

Client was a 57-year-old male and machinist for the company for more than 10 years. The client injured his left knee in the course and scope of his employment. The client had therapy and eventually a total knee replacement.

State of Alabama v. Anonymous

In the Circuit Court of Jefferson County, Alabama

Case Number: CC-2018-XXXX

Summary: Client had two previous DUI arrests and convictions on his record from the City of Birmingham. My office filed Petitions for Expungement of Records and his cases were sealed. He is employed as a driver for FedEx and it was important for his career and livelihood to have these case removed from his criminal record.

Terry H. Donaldson v. Automotive Investments, Inc.

In the Circuit Court of Shelby County, Alabama

Case Number: CV-2017-900953

Summary: This is a Worker’s Compensation case that resulted in a good outcome for the client. Client was a mechanic for 30 years for the same company. He had serious injuries to his neck and Carpal Tunnel on both arms. From the outset the company denied the claim. My office filed suit and after medical records were reviewed and my client deposed, the claim was picked up by the insurance company. The case settled for $155,000.00. My client retired and received disability on his first claim.

Disposition: Client received $155,000.00 and is on social security disability.

Client pled guilty to Indecent Exposure, §13-6-68, in 2016. As a part of the sentence, Harris was required to report monthly and be drug tested monthly as well. My office prepared a Petition to seek that he no longer had to comply with the conditions of SORNA requirements.

Case Number: CC-2020-1198

Disposition: Client was granted relief and no longer has to report monthly or be drug tested monthly.

In the Circuit Court of Etowah County, Alabama

DR-2010-248.01

Summary: The parties were divorced in Etowah County, Alabama in 2010. The Mother was granted primary physical custody with visitation to the Father. The Mother moved out of state to Connecticut and eventually the State of Missouri for the last four years. The Father was a resident of Nevada.

The Father filed a Petition to Modify Custody and Rule Nisi Contempt against the Mother.

On behalf of the Mother, my client, I filed a Rule 12(b) Motion to Dismiss for lack of personal and subject matter jurisdiction. It was undisputed that none of the parties had any ties to the state of Alabama in several years. The proper venue for this case is in Missouri based on 30-3B-202(2), and UCCJEA as it relates to exclusive jurisdiction. The trial Court held oral arguments on the Mother’s Motion to Dismiss and ruled in her favor.

Disposition: Motion to Dismiss granted, case dismissed in favor of the Mother.

In the Circuit Court of Tuscaloosa County, Alabama

Dr-14-900283

Summary: Client was granted a divorce in 2014 and ordered to pay $8,000 a year as alimony for life. We were able prove through evidence to show ex-wife was cohabitating with another person.

Disposition: Periodic alimony was terminated and will save the client $200,000 over 20 years.

United States District court for the Northern District of Alabama
Case No.: 04-1221

Summary: My client filed a Civil Right’s lawsuit, 42 U.S.C. 1983, against the City of Hueytown and several police officers for the negligence, and abuse that occurred during a traffic stop. The case was settled for an undisclosed amount of money.

Disposition: Client received compensation and the case was dismissed.

District Court of Jefferson County, Alabama
Case No.: DV-2015-902627

Summary: The Plaintiff, The Home Care Connection, LLC is a business that provides labor services in the staffing industry. The Plaintiff executed a contract with the Defendant. The contract expressly includes a penalty clause for hiring employees outside of the service agreement provided on behalf of the Plaintiff for a period of one year.

The Plaintiff sued for breach of contract and recovered a judgment in the amount of $3,000.00 plus $1,000.00 attorney’s fees and costs of court.

Cite as: Barron v. Scroggins, 910 So. 2d 780 (Ala. Civ. App. 2005)
Probate Court of Jefferson County, Alabama
Case No: CV-183393

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.

Disposition: Trial Verdict for Scroggins. Case won and affirmed on appeal.

Circuit Court of Jefferson County, Alabama
CC-2008-2443, 2444

Summary: Client was charged with Burglary Third Degree and Possession of Burglar Tool’s

Circuit Court of Jefferson County, Alabama
CC-2011-4035

Summary: client was charged with Theft of Forged Instrument. Case dismissed before trial.

District Court of Jefferson County, Alabama
DC-2009-9905

Summary: Client was charged with possession of a controlled substance. The case was dismissed because the client had documentation to prove the medication was prescribed by his physician.

In the Circuit Court of Tuscaloosa County, Alabama

CC-2016-2610

Summary: My client was charged with Assault, Second degree, 13A-6-21, Code of Alabama and Harassment, 13A-11-8, Code of Alabama. The alleged victim made up a story that was fiction and not credible. The state dismissed the case before we began to strike a jury. The state did not believe they could get a conviction in the case.

In the Circuit Court of Criminal Appeals, Alabama

CR-2015-1129

Summary: My office was retained to represent the client on appeal. Jeremy Wade Umphrey was convicted of manslaughter, § 13 A-6-3, Ala. Code 1975, and second-degree assault, see § 13A-6-21, Ala. Code 1975. Umphrey was sentenced to 15 years’ imprisonment, split to serve 5 years’ imprisonment followed by 5 years of probation on the manslaughter conviction and to 5 years’ imprisonment on the assault
Initially, we note that, although Umphrey’s 15-year base sentence is well within the allowable limit for a Class B felony, the manner in which Umphrey’s sentence is split is illegal. See, e.g.. Warwick v. State. 843 So. 2d 832, 833 (Ala. Crim. App. 2002). “‘Matters concerning unauthorized sentences are jurisdictional,’ Hunt v. State. 659 So. 2d 998, 999 (Ala. Crim. App. 1994); therefore, we may take notice of an illegal sentence at any time.” Austin v. State. 864 So. 2d 1115,1117 (Ala. Crim. App. 2003).

As noted above, the circuit court split the 15-year sentence and ordered Umphrey to serve 5 years. Section 15-18-8(a)(l), Ala. Code 1975, provides: “(a) When a defendant is convicted of an offense, other than a sex offense involving a child as defined in Section 15-20A-4(26), that constitutes a Class A or Class B felony offense, and receives a sentence of 20 years or less in any court having jurisdiction to try offenses against the State of Alabama and the judge presiding over the case is satisfied that the ends of justice and the best interests of the public as well as the defendant will be served thereby, he or she may order: “(1) That a defendant convicted of a Class A or Class B felony be confined in a prison, jail-type institution, or treatment institution for a period not exceeding three years in cases where the imposed sentence is not more than 15 years, and that the execution of the remainder of the sentence be suspended notwithstanding any provision of the law to the contrary and that the defendant be placed on probation for such period and upon such terms as the court deems best.” (Emphasis added).

Thus, we remand this cause to the circuit court with instructions for that court to resentence Umphrey in accordance with § 15-18-8(a)(l), Ala. Code 1975, which allows no more than a 3-year term of confinement, or, if it determines not to apply the split sentence act, to reinstate the full 15 year term of imprisonment. See Berry v. State. 698 So. 2d 225,226-27 (Ala. Crim. App. 1996).

The circuit court shall take all necessary action to see that the circuit clerk makes due return to this Court at the earliest possible time and within 42 days after the date this order is issued. The return to remand shall include a transcript of the new sentencing hearing and the new, written sentencing order.

REMANDED WITH INSTRUCTIONS.

U.S. District Court for the Northern District of Alabama
Case No.: 10-267-RDP-JEO

Summary: Client was charged with 18 U.S.C. 922(g)(1), which is a felon in possession of a firearm. The government agents received information from a confidential informant regarding my client possessing a firearm that was located in his vehicle. The firearm was located during the course of a traffic stop. After much discovery and requesting the name of the informant as it related to the client’s defense, the government was unable to provide the name of the informant. Therefore, the case was dismissed. My client was facing a potential federal sentence of (10) years in federal prison.

Case No.: 2009-480
Prosecutor: United States Attorney

Summary: Client originally pled guilty in 2009 to theft of property third degree. Upon review of the case, I filed a Rule 32 Petition and had the conviction set aside. The Petition raised the issue that she was not aware of the collateral consequences of a guilty plea as it relates to deportation. The Petitioner was not aware of Padilla v. Kentucky, 130 S. Ct. 1473 (2010)

Case No.: MC-2011

Summary: My client was charged with public intoxication and disorderly conduct for a faulty traffic stop in which Mr. White was a passenger in a car.

Summary: My client was charged with Domestic Violence after filing for divorce. A bench trial was held in Alexander City Municipal Court and my client was found not guilty. Often, a client is wrongfully charged with some act of domestic violence in a divorce action to try and gain the upper hand in divorce settlement negotiations.

U.S. District Court for the Northern District of Alabama
Case No.: CR-10-448-SLB-TMP
Prosecutor: United States Attorney

Summary: My client was 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, 18 U.S.C. § 656 Theft, Embezzlement by a Bank Officer; Count Two, 18 U.S.C. § 1344, Bank Fraud; Count Three, 18 U.S.C. § 1028A, Aggravated Identity Theft; Count Four, 18 U.S.C. § 982 Criminal forfeiture.

Aggravated Identity theft, by statute, carries a mandatory sentence of 2 years which must be served consecutive to any other sentence.

Disposition: Count Two, the most serious charge, was dismissed, which carried a mandatory 2 year consecutive sentence. My client pled to theft and bank fraud and was sentenced to 12 months.

U.S. District Court, Northern District of Alabama
Case No.: CR-10-62-AKK PWG

Summary: The charge my client was charged with was 18 U.S.C. 922 (g)(5), a crime regarding an illegal alien in possession of a firearm. At the time my client was charged, he was a senior in high school and was taken into INS custody for the duration of the case. Client entered a blind plea to the charge and received a sentence of (7) month this time served and released to INS custody.

Disposition: Sentenced to (7) months, time served and released to INS Custody on August 3, 2010.

Circuit Court of Jefferson County, Alabama
Case No.: 2010-1636

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.

Circuit Court of Jefferson County, Alabama
CV-2011-900535

Summary: My client, worked as a bar tender for Bama Tilt. One day at work he was putting a new keg of beer in the cooler and felt a sharp pain in his back. He informed his supervisor and requested treatment for his injury. The injured worker went to the E.R. and had several treatments related to his back. Additionally, his employer fired him after he sought workers’ compensation benefits. We filed suit on his behalf requesting workers’ compensation benefits and for Retaliatory discharge.

Disposition: The client received a settlement related to his worker’s compensation claim. He also received a confidential settlement for his wrongful termination, which was a very satisfied client.

District Court of Jefferson County, Alabama
Case No.: 2009-9216

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.

District Court of Mobile County, Alabama
Case Nos.: 2009-7896, 2009-7897, 2009-7987

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

Disposition: The felony count was dismissed. Defendant pled to a misdemeanor and a fine.

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Circuit Court of Shelby County, Alabama
Case No.: 2009-136

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.

District Court of Jefferson County, Alabama
Case No.: DV-2008-963

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.

U.S. District Court, Northern District of Alabama
Case No.: CR-07-66-RDP-TMP
Prosecutor: United States Attorney

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.

Disposition: November of 2007, Mikayelyan was sentenced to a minimum term of 18 months as to Counts One through Three, to be served concurrently. This was a better result than his co-defendants received.

Circuit Court of Jefferson County, Alabama
Case Nos.: CC-05-3172, 3173

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.

U.S. District Court, Northern District of Alabama
Case No.: CR-97-416-JJJ-PWG

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.

Disposition: $15,000 fine dismissed. Probation revoked for other issues.

In the Circuit Court of Blount County, Alabama
DR-2016-499

Summary: Client was charged with DUI. Before trial, blood tests results showed that my client was not under the influence of alcohol or drugs at the time of the arrest.

In the District Court of Walker County, Alabama

DC-2016-900629

Summary: Client was falsely accused of Domestic Violence, Third Degree, related to a relationship with his girlfriend.

In the District Court of St. Clair County, Alabama

DC-2016-615;616

Summary: Client was charged with two counts of Domestic Violence, Third Degree, related to a family sibling.

In the District Court of Jefferson County, Alabama

DC-2016-5031

Summary: client was charged with Domestic Violence, Third Degree, related to a relationship with his spouse.

District Court of Jefferson County, Alabama

Case No.: DC-2016-11809

Summary: Client was charged with harassing communications. The case was dismissed at the preliminary hearing.

In the District Court of Bibb County, Alabama

Case No.: TR-2016-1269; TR-12-1270, FTA

Summary: Client was charged with speeding and Driving with a Suspended License. Client failed to show up for court initially and the court issued a FTA Failure to Appear arrest warrant. The court dismissed all charges.

In the District Court of Jefferson County, Alabama

Case No.: DC-2016-12348

Summary: Our client was charged with Theft of Property from a Sam’s Club store. Upon a preliminary hearing the case was dismissed and we will expunge the client’s record.

In the Circuit Court of Pickens County, Alabama

Case No.: CC-2017-159; 160

Summary: Client was charged and Indicted with Strangulation Domestic Violence, 13A-6-122, a Class B Felony, which carries a sentencing range of 2-20 years. The case was reduced to misdemeanor assault.

Disposition. State agreed to reduce case to Misdemeanor Assault, 1 year, unsupervised probation.

In The Family Court of Jefferson County, Alabama

DR-18-XXXXXX

Summary: Client was a prominent business man in the Greater Birmingham Community. He was charged with a (PFA) Protection From Abuse Order.

Disposition: After an investigation of the facts by our team, the case was ultimately dismissed prior to trial.

Circuit Court of Jefferson County, Alabama
DR-2006-x26

Summary: My client, the mother, filed a post-minority petition for college expenses of the minor child of the parties. The father had an income 5 times that of the mother. The child testified that she had applied for school grants and scholarships. A bench trial was held and the court ruled in favor of the mother. The court ordered the father to pay college tuition costs for the minor child at the state rate, excluding any grants or scholarships the minor child was awarded.

Circuit Court of Jefferson County, Alabama
Case No.: DR-2005-1317.01-JAP

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.

Disposition: Trial won for the father, won reduced child support, awarded standard visitation, and he did not have to pay $15,000.00.

Circuit Court of Jefferson County, Alabama
Case No.: DR-2010-1811

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.

Disposition: Received $140,000 alimony over ten years and all equity in the marital home.

In the Circuit Court of Jefferson County, Alabama

DR-18-XXXXXX

Summary: Client and spouse had been married for 13 years and had two children together. The Wife worked but the Husband was the primary head of household. The Wife received $25,000.00 in alimony, $50% of a 401(K) account worth, $37,500.00, and 50% of the Husband’s retirement account for life. Additionally she received all household items and two vehicles.

Circuit Court of Jefferson County, Alabama
Case No.: DR-96-2544.02-RAF

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.

Summary: Client was charged possession of marijuana.

Disposition: Case dismissed, client received Youthful Offender.

In the Circuit Court of Jefferson County, Alabama

CV-2016-XXX031

Summary: Client was an over-the-road truck driver and hurt his right shoulder while preparing a load. The client had shoulder and neck surgery due to his on the job injury.

Disposition: Client received compensation in the amount of $150,000.00.

Circuit Court of Jefferson County, Alabama

Summary: Client was a dock worker and unloaded trucks as a part of his job. One day he fell out a truck and hurt his neck. The employee had multiple surgeries on his heck and two plates in his neck. The case was considered a (PTD) permanent total disability case.

Disposition: Client received mid six figure settlement and retired.

Summary: This is a Worker’s Compensation case that resulted in a good outcome for the client. Client was an over-the-road truck driver for Robbie D. Woods, Inc. My client slipped and fell from his truck injuring his shoulder, arm and hip. The employee had multiple surgeries to his shoulder and hand.

Disposition: Client received a six-figure settlement and retired.

Circuit Court of Etowah County, Alabama
CV-2016-xxx297

Summary: client was a truck driver and hurt his lower back in an on the job accident. He had three back surgeries and physical therapy for more than two years. The case was settled for $172,250.00.

Disposition: Client received $172,250.00 and is applying for Social Security Disability

Workers’ Compensation Settlement

Summary: Client was injured on the job when a crane operator let a crane slip and injure the right pinky of client. The company admitted fault as a compensable workers’ compensation claim. My client had a 4% injury to his right hand.

Disposition: Client received settlement and compensation of $42,054.41.

In the District Court of Jefferson County, Alabama

Case No.: DC-2016-942

Summary: My client, Williams, was being sued for $5,000.00 for a breach of contract claim related to interior design work performed by the Plaintiff. In this case the Plaintiff did not have a contract for the work, filed a frivolous complaint and in the end the case was dismissed. I am glad we achieved a favorable result for my client. It is sad that in this litigious society, anyone can pay a filing fee and file a lawsuit without merits.

In the Municipal Court of Hoover, Alabama

Case No.: 2017-1568;1569

Summary: Client was parked in a car in parking lot in the City of Hoover. A police officer approached the car and indicated he could smell marijuana. My client was charged with Possession of Marijuana, 13A-12-213 and Possession Drug Paraphernalia, 13A-12-260. At the preliminary hearing the case was dismissed.

In the Municipal Court of Hoover, Alabama

Case No.: 2017-1570;1571

Summary: Client was parked in a car in parking lot in the City of Hoover. A police officer approached the car and indicated he could smell marijuana. My client was charged with Possession of Marijuana, 13A-12-213 and Possession Drug Paraphernalia, 13A-12-260. At the preliminary hearing the case was dismissed.

In the District Court of Jefferson County, Alabama

Case No.: DC-2017-904474

Summary: Interesting case related to Bitcoin technology. My client and the Defendant had transacted over the course of a year close to $30,000.00 in Bitcoin. My client would pay the Defendant money in exchange to receive Bitcoin as a currency. The Defendant did not pay my client approximately $6,000.00 in the last transaction that resulted in this case being filed for breach of contract.

Disposition: Judgment in favor of client. I anticipate there will be many cases in the future related to Bitcoin exchange.

In the Circuit Court of Tuscaloosa County, Alabama

CC-2016-2610

Summary: My client was charged with Assault, Second degree, 13A-6-21, Code of Alabama and Harassment, 13A-11-8, Code of Alabama. The alleged victim made up a story that was fiction and not credible. The state dismissed the case before we began to strike a jury. The state did not believe they could get a conviction in the case.

In the Circuit Court of Jefferson County, Alabama

CV-2016-XXX031

Summary: Client was an over-the-road truck driver and hurt his right shoulder while preparing a load. The client had shoulder and neck surgery due to his on the job injury.

Disposition: Client received compensation in the amount of $150,000.00.

In the Circuit Court of St. Clair, Alabama

Case No.: CC-18-417

Summary: My client was initially charged with first degree robbery in violation of 13A-8-41, which involves a deadly weapon. After the preliminary hearing in District Court, the client was later indicted for 3^rd Degree robbery, 13A-8-43(a)(1). After nearly two years of waiting for trial and requesting information related to witnesses, the state dismissed the case 10 minutes before striking a jury. The state was not convinced the victim was credible and the victim did not show up for trial.

Disposition: Case dismissed.

In the District Court of Alabama

Case No.: DC-19-11383

Summary: My client was charged with Domestic Violence/ Strangulation, Code of Alabama, 13A-6-138, a Class “B” Felony. The alleged victim agreed to dismiss the case at the preliminary hearing.

Disposition:  Case dismissed.

Circuit Court of Jefferson County
Case No: 2011-4855

Summary: client was charged with Theft of Property 2nd Degree. The case was dismissed before trial.

Case No.: MC-2021

Summary: Client was charged with Domestic Violence, Third Degree in Hoover Municipal Court.

Disposition: Case dismissed.

In the District Court of Walker County, Alabama

Case No.: DC-19-270

Summary: my client was arrested out of state at the Atlanta International Airport while boarding a flight. She was told she was arrested for Fraudulent Use of a Credit Card on three counts, in violation of 13A-9-14(B), Code of Alabama, 1975. All of the charges are Class C Felonies. She spent five days in custody being extradited back to Walker County, Alabama. Once I was retained and review of the case, the case was dismissed at the preliminary hearing for mistaken identity. If you believe that you have been charged illegally, contact us for a case evaluation.

District Court of Jefferson County, Alabama
DC-2007-7991

Summary: Client was charged with Possession of a Forged Instrument. The case was dismissed before trial.

In the Circuit Court of St. Clair, Alabama

CC-17-168

Summary: The client was charged with Reckless Endangerment, Code of Alabama, 1975, 13A-6-24, of firing a weapon at a car.

Disposition: Case dismissed prior to trial.