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| Donahey v. State, CR-03-1779,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 7, 2005, Released
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Overview: A trial court improperly imposed a split sentence requiring two years of incarceration where defendant's sentence was 20 years in prison, and minimum period of incarceration that trial court could impose under split sentence statute was three years.
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| Ex parte Family Dollar Stores of Ala., Inc., 1031699,
SUPREME COURT OF ALABAMA, January 7, 2005, Released
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Overview: A court erred by failing to set aside a default judgment because the materials submitted by the parties contained no facts suggesting that the party allegedly in default acted willfully or in bad faith in failing to respond to the complaint.
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| Ex parte Free, 1031473,
SUPREME COURT OF ALABAMA, January 7, 2005, Released
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Overview: Trial court erred in granting law firm's motion to dismiss former client's complaint where the client complied with procedural rules and Alabama Legal Service Liability Act, and she alleged fraud in handling her workers' compensation case.
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| France v. State, CR-03-2073,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 7, 2005, Released
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Overview: Appeals court decided that lower court should not have summarily dismissed defendant's postconviction relief petition and remanded for it to decide if he pleaded guilty to, and was convicted of, offense for which he was not indicted.
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| Fuqua v. State, CR-03-1877,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 7, 2005, Released
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Overview: A trial court erred in failing to credit an inmate with time he had already spent in jail prior to trial on a separate conviction, which caused a remand of the inmate's case for the trial court to, in fact, credit him with such time.
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| Grant v. State, CR-03-2050,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 7, 2005, Released
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Overview: When an indictment charging defendant with receiving stolen property failed to allege that he "intentionally" received the property, defendant's conviction was void. The defect in the indictment could not be waived by defendant.
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| Kyser v. Harrison, 1031203,
SUPREME COURT OF ALABAMA, January 7, 2005, Released
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Overview: In a wrongful death case, a court properly excluded plaintiffs' expert's testimony because he had no experience in pediatric pathology, and his conclusion that the child died of asphyxiation was nothing more than a mere assertion of belief.
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| Lewis v. State, CR-03-1649,
COURT OF CRIMINAL APPEALS OF ALABAMA, January 7, 2005, Released
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Overview: Where defendant pled guilty to possession of precursor chemical but, at plea hearing, reserved right to appeal certain issue, remand was required to determine whether parties had preexisting agreement to reserve right to appeal on this issue.
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| Lloyd Noland Hosp. v. Durham, 1030422,
SUPREME COURT OF ALABAMA, January 7, 2005, Released
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Overview: Evidence was sufficient to sustain a verdict for a patient in a medical malpractice case where standing orders required the hospital to administer preoperative antibiotics to the patient, the hospital failed to do so, and an infection developed.
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