Alabama, February, 2009, State Case law

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State Courts - Alabama - February 13, 2009

Atkins v. State, 2070735, COURT OF CIVIL APPEALS OF ALABAMA, February 13, 2009, Released
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Overview: Evidence was sufficient to support forfeiture of an auto pursuant to Ala. Code ? 20-2-93 because an officer testified that he pulled the auto over after owner was seen leaving the house of a known drug dealer, owner was carrying pills for which he had no prescription, and auto owner was driving at the time was the vehicle that was seized.

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Ex parte Knight, 1071325, SUPREME COURT OF ALABAMA, February 13, 2009, Released
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Ex parte State, CR-07-1137, COURT OF CRIMINAL APPEALS OF ALABAMA, February 13, 2009, Released
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Overview: Because the circuit court acted within its discretion in Ala. R. Crim. P. 26.8 by following the voluntary sentencing standards in Ala. Code ? 12-25-35 of the Alabama Sentencing Reform Act of 2003 and not the Habitual Felony Offender Act, Ala. Code ? 13A-5-9, or Ala. Code ?? 13A-12-250, 13A-12-270, the State was not entitled to mandamus relief.

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Ex parte Steele, 1080375, SUPREME COURT OF ALABAMA, February 13, 2009, Released
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Ex parte Webb, 1071617, SUPREME COURT OF ALABAMA, February 13, 2009, Released
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Hayes v. Hayes, 2071101 & 2071206, COURT OF CIVIL APPEALS OF ALABAMA, February 13, 2009, Released
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Overview: Orders modifying earlier divorce judgment were void because, inter alia, although oral pronouncement denying father's postjudgment motion may have been different than written order, under Ala. R. Civ. P. 58, written order was only effective ruling, and trial court had no authority to reverse its decision under guise of correcting clerical error.

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J. M. v. C.M., 2071223, COURT OF CIVIL APPEALS OF ALABAMA, February 13, 2009, Released
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Overview: Because the most recent child-support judgment reflected that the father was not required to pay child support due to the parties' shared custody of the child, the juvenile court could not modify the judgment without complying with Ala. R. Jud. Admin. 32 by, inter alia, taking testimony on the parties' respective incomes.

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McConico v. State, 1080231, SUPREME COURT OF ALABAMA, February 13, 2009, Released
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Milloy v. Woods, 2070514, COURT OF CIVIL APPEALS OF ALABAMA, February 13, 2009, Released
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Overview: Because a builder was not licensed under Ala. Code ? 34-14A-5(a), he lacked standing under former Ala. Code ? 34-14A-14 to maintain a breach-of-contract claim against an owner; the trial court lacked subject-matter jurisdiction over the action, and a default judgment against the owner should have been set aside pursuant to Ala. R. Civ. P. 60(b)(4).

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Schlarb v. Lee, 2070730, COURT OF CIVIL APPEALS OF ALABAMA, February 13, 2009, Released
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Overview: Trial court erred in certifying partial summary judgment pursuant to Ala. R. Civ. P. 54(b) for alleged first owner in breach of contract claim alleged partner brought against him and alleged second owner; judgment was not final because breach-of-contract claim remained pending against him and extraordinary circumstances did not allow for appeal.

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