Alabama, January, 2009, State Case law

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State Courts - Alabama - January 16, 2009

Ex parte Terminix Int'l Co. Ltd. P'ship., 1061247, SUPREME COURT OF ALABAMA, January 16, 2009, Released
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Overview: Because a pest control company's successor did not file a motion for protective order pursuant to Ala. R. Civ. P. 26(c) until after the time required to answer the trial court's production order, as extended by the parties, had expired, the successor was not entitled to mandamus relief.

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Ex parte Wilson, 1071683, SUPREME COURT OF ALABAMA, January 16, 2009, Released
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Ex parte Wimes, 1070785, SUPREME COURT OF ALABAMA, January 16, 2009, Released
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Overview: Under totality of circumstances, the victim's identification of petitioner as the man who robbed victim was sufficiently reliable and in-court identification of petitioner at trial thus did not violate his due process rights; thus, there was no conflict with Ex parte Appleton, and the state supreme court could therefore quash writ of certiorari.

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Ex. Parte Bay John Developers II, L.L.C., 1070486, SUPREME COURT OF ALABAMA, January 16, 2009, Released
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Hamilton v. Employees' Ret. Sys., 1061499, SUPREME COURT OF ALABAMA, January 16, 2009, Released
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Overview: Summary judgment finding that deceased employee's change of beneficiary to his daughter was ineffective was proper because decedent provided that change was effective on date of retirement, but decedent died before retirement date and Ala. Code ? 16-25-14(g)(2) did not provide that retirement benefits became "due and payable" upon his death.

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Hamilton v. Hamilton, 2071126, COURT OF CIVIL APPEALS OF ALABAMA, January 16, 2009, Release
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Overview: Judgment was reversed as wife was resident of or domiciled in Alabama under Ala. Code ? 30-2-5 as when suit was dismissed, she had been residing in Alabama for more than one year, parties' daughter had completed entire school year, and wife had purchased and begun operating own retail clothing business.

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Harrison v. State, CR-07-1174, COURT OF CRIMINAL APPEALS OF ALABAMA, January 16, 2009, Released
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Overview: There was fatal variance between indictment charging first degree theft of property, Ala. Code ? 13A-8-3, and evidence presented at trial because the indictment charged theft of currency, but the trial evidence showed theft of a check. Defendant's action in depositing the check with a bank did not render the theft a theft involving currency.

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J.A. v. Etowah County Dep't of Human Res., 2070771, COURT OF CIVIL APPEALS OF ALABAMA, January 16, 2009, Released
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Overview: Termination of a mother's parental rights under former Ala. Code ? 26-18-7 (renumbered as Ala. Code ? 12-15-319) was affirmed. The mother was 13 when she gave birth, and attempts to utilize the maternal grandmother as an alternative to termination failed because she was resistant to the requirements placed on her and resented an agency's intrusion.

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Long v. City of Athens, 2070848, COURT OF CIVIL APPEALS OF ALABAMA, January 16, 2009, Released
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Overview: Property owners' inverse condemnation action accrued at the time the taking was complete, or when the first flooding of the property occurred after the completion of surrounding developments in 2001. Because they did not file their complaint against a city until 2006, the claim was barred by a two-year statute of limitations, Ala. Code ? 11-47-23.

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Lovorice Quindale Andrews v. State, CR-07-1402, COURT OF CRIMINAL APPEALS OF ALABAMA, January 16, 2009, Released
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Overview: Denial of defendant's post-sentencing motion to withdraw guilty pleas pursuant to Ala. R. Crim. P. 14.3(c)(2)(iv) was error because, although trial court had informed defendant that it was not bound by the sentencing agreement at the plea hearing, it did not expressly indicate to him whether it would accept or reject agreement until sentencing.

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