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| Cincinnati Ins. Co. v. Tuscaloosa County Parking & Transit Auth., 1001329,
SUPREME COURT OF ALABAMA, February 22, 2002, Released
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Overview: While embezzlement of funds through payroll checks was not covered under insurance policy, it was not part of employees' salary as those funds exceeded fixed compensation that was to be paid; thus, insured was entitled to coverage for the funds.
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| E.Z. v. Calhoun County Dep't of Human Res., 2001197, 2001198,
COURT OF CIVIL APPEALS OF ALABAMA, February 22, 2002, Released
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Overview: Father's cognitive disorder and mother's mild mental retardation restricted their ability to make reasoned family welfare decisions; neither could adequately parent alone and they were dysfunctional parents together.
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| Ex parte Casey, 1001555,
SUPREME COURT OF ALABAMA, February 22, 2002, Released
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Overview: Offenses for which defendant had received full pardon could not be used to enhance his sentence under habitual offender statute.
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| Ex parte City of Haleyville, 1001960,
SUPREME COURT OF ALABAMA, February 22, 2002, Released
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Overview: City's request to order trial court to change venue to county where seat of municipal government was located, from county where city allegedly committed tort, was denied, as city straddled both counties and venue was proper in either.
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| Ex parte Dozier, 1001448,
SUPREME COURT OF ALABAMA, February 22, 2002, Released
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Overview: Writ of mandamus was issued where circuit court erred in denying defendant's post-conviction relief petition by not allowing defendant to proceed in forma pauperis where defendant demonstrated he was indigent.
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| Ex parte Moffitt, 1001739,
SUPREME COURT OF ALABAMA, February 22, 2002, Released
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Overview: Trial court erred in denying motion to suppress cocaine evidence which was seized pursuant to warrantless entry into private residence; State did not carry its burden to show the existence of probable cause as possession of gun was not a crime.
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| Ex parte Scott Bridge Co., 1001558,
SUPREME COURT OF ALABAMA, February 22, 2002, Released
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Overview: Trial court did not abuse its discretion in denying motion for change of venue because petitioner did not carry the burden of proving that venue in the instant county was improper; petitioner corporation did business by agent in instant county.
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| Jones v. Johnson, 1001117,
SUPREME COURT OF ALABAMA, February 22, 2002, Released
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Overview: Neighbor claiming an easement across another's property failed to meet the prescriptive easement requirement that his claim be under color of title and the requirement that possession be for 20 years.
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| Landstar Ranger v. Kent, 2000635,
COURT OF CIVIL APPEALS OF ALABAMA, February 22, 2002, Released
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Overview: Employee's left shoulder injury was compensable as primary injury to right shoulder arose out of employment; subsequent injury was attributable to original injury. Lease income employee received on loss sustained was not included in weekly wage.
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