Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Eiland v. State
Citations: 668 So. 2d 150; 1995 Ala. Crim. App. LEXIS 279; 1995 WL 444763Docket: No. CR-94-0172
Court: Court of Criminal Appeals of Alabama; July 28, 1995; Alabama; State Appellate Court
Eddie C. Eiland’s Rule 32 petition was initially denied by the circuit court, which led to an appellate review. The appellate court found that the circuit court erred in dismissing Eiland's claim that the trial court lacked jurisdiction to convict him of second degree assault, as this offense was not included in the indictment for attempted first degree rape. The appellate court remanded the case to the circuit court to evaluate if second degree assault is a lesser included offense of attempted first degree rape based on the specific facts. Upon return, the circuit court granted Eiland a new trial because the prosecutor indicated that the victim's testimony was crucial to establish the lesser included offense, but the victim was unavailable. Consequently, the appeal was dismissed, with all judges concurring.