Alabama, January, 2007, State Case law

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State Courts - Alabama - January 12, 2007

Differ v. State, 2050187, COURT OF CIVIL APPEALS OF ALABAMA, January 12, 2007, Released
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Overview: Owner's real property and two firearms were properly forfeited under Ala. Code ? 20-2-93 as helicopter pilot flying at 500 feet for drug task force did not conduct illegal warrantless search when he observed marijuana plants on owner's property as pilot was flying to another location, and owner pleaded guilty to trafficking in marijuana.

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Edwards v. Allied Home Mortg. Capital Corp., 1050343, SUPREME COURT OF ALABAMA, January 12, 2007, Released
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Overview: Trial court erred when it prohibited manager's counsel from arguing to jury that mortgage company's interest in converted checks was less than face amount, so jury's award was in error. Also, manager was not excused from performing own obligations under agreement as she received benefits for four years after she learned of company's nonperformance.

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Ex parte Chatmon, 2050314, COURT OF CIVIL APPEALS OF ALABAMA, January 12, 2007, Released
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Overview: Petition for writ of mandamus was timely under Ala. R. App. P. 21(a)(3) as it was filed within 42 days of denial of employee's motion to transfer employer's case. Employee could not have sought writ directing transfer of employer's case after denial of employee's motion to dismiss as motion to dismiss did not request transfer.

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Ex parte Smokerise Homeowners Ass'n, 1050168, SUPREME COURT OF ALABAMA, January 12, 2007, Released
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Overview: When subdivision lot purchasers said a developer violated restrictive covenants by transferring subdivision land to an adjacent parcel owner, the developer was entitled to summary judgment because the purchasers had constructive notice of the transfer, and Ala. Code ? 35-2-53 did not require their consent, as they did not own the transferred land.

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Ex parte T.V., 1050365, SUPREME COURT OF ALABAMA, January 12, 2007, Released
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Overview: The judgment terminating the mother's parental rights was reversed and remanded to the trial court for a full consideration of viable alternatives to terminating of the mother's parental rights because the court found that visitation appeared to be a viable alternative to the termination of the mother's parental rights.

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Fike v. Peace, 1051391, SUPREME COURT OF ALABAMA, January 12, 2007, Released
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Overview: There was no basis upon which to impose vicarious liability upon a shipper for an independent contractor trucking company's alleged negligence in hauling an oversize load of steel kiln cars, as the hauling of kiln cars did not constitute an inherently dangerous activity.

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First Beat Entm't, LLC v. ECC, LLC, 2050819, COURT OF CIVIL APPEALS OF ALABAMA, January 12, 2007, Released
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Overview: As the location of a south boundary line between two neighboring landowners was supported by the sufficiency of the evidence, despite the presence of conflicting testimony that the trial court was within its purview to reject, the trial court's judgment establishing such was not so unsupported by the evidence as to be plainly and palpably wrong.

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G.C. v. J.G., 2050456, COURT OF CIVIL APPEALS OF ALABAMA, January 12, 2007, Decided
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Overview: Because a circuit court's order did not purport to adjudicate the issues in a paternity case, particularly whether an alleged father was, in fact, the child's father, pursuant to Ala. Code ? 26-17-20(a), the order appealed from was not final; accordingly, the appeal had to be dismissed.

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Garrett v. State, CR-05-1058, COURT OF CRIMINAL APPEALS OF ALABAMA, January 12, 2007, Released
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Heard v. State, 1041265, SUPREME COURT OF ALABAMA, January 12, 2007, Released
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Overview: Guilty verdict convicting defendant of capital murder for firing a gun into an occupied dwelling and felony murder during the course of a robbery of the same victim was not mutually exclusive, as it did not contain mutually exclusive essential elements, and did not violate double jeopardy, as each offense required proof of different elements.

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