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| Poole v. State, CR-99-1200,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 1, 2002, Released
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Overview: After remand for resentencing on drug conviction sentence, sentence was affirmed. A fact that increased the sentence had to be presented to the jury and proven beyond a reasonable doubt.
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| Reynolds v. Reynolds, 2000622,
COURT OF CIVIL APPEALS OF ALABAMA, February 1, 2002, Released
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Overview: Widow's elective share of estate was correctly calculated before deduction of estate taxes. Children did not rebut statutory presumption of value of widow's interest in qualified-terminable-interest-property trust as one-half of trust assets.
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| Shelton v. Clements, 2000851,
COURT OF CIVIL APPEALS OF ALABAMA, February 1, 2002, Released
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Overview: Builder's corporate veil was properly pierced, and trial court's finding that builder breached contract, rather than homeowner, was sufficiently supported. Evidence supported trial court's conclusion that homeowner mitigated his damages.
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| Smith v. State, CR-91-1975,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 1, 2002, Decided
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Overview: In death penalty case, State's juror strikes were not gender or racially based, accomplice's testimony was properly admitted, double jeopardy rights were not violated, admission of confessions was proper, and change of venue was properly denied.
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| Snowden v. State, CR-01-0089,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 1, 2002, Decided
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Overview: Trial court erred in summarily denying defendant's postconviction relief petition without addressing defendant's contention that a firearm enhancement was improperly applied to his first-degree robbery sentence.
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| State v. A.M.K., 2000712,
COURT OF CIVIL APPEALS OF ALABAMA, February 1, 2002, Released
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Overview: Appellate court had jurisdiction to hear the State's appeal of a decision erroneously declaring a grandparent visitation statute unconstitutional where the appeal was from a final judgment as the grandmother's new trial motion had been denied.
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| Swearingen v. State, CR-99-1805,
COURT OF CRIMINAL APPEALS OF ALABAMA, February 1, 2002, Released
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| Warren v. Wester, 2001010,
COURT OF CIVIL APPEALS OF ALABAMA, February 1, 2002, Released
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Overview: Evidence of co-employees' engaging in willful conduct causing employee's death was insufficient to overcome co-employees' motion for summary judgment; knowledge of risk of injury or death from employee's work did not show willful conduct.
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| Water Works & Sewer Bd. of Selma v. Randolph, 1002182,
SUPREME COURT OF ALABAMA, February 1, 2002, Released
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Overview: Sunshine law did not apply to municipal water and sewer board because it was not specifically included under law, did not receive or disburse funds belonging to municipality, and did not exercise delegated legislative or judicial functions.
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