Alabama, February, 2009, State Case law

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State Courts - Alabama - February 27, 2009

Rheem Mfg. Co. v. Ala. Dep't of Revenue, 2070792, COURT OF CIVIL APPEALS OF ALABAMA, February 27, 2009, Released
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Overview: Administrative Law Division of the Alabama Department of Revenue did not have jurisdiction under the Alabama Taxpayers' Bill of Rights, Ala. Code ? 40-2A-1 et seq., to refund of a franchise tax to a taxpayer because the basis for the refund was not raised by the taxpayer in the petitions for a refund which the taxpayer filed with the Department.

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Ryan v. Patterson, 1060438, SUPREME COURT OF ALABAMA, February 27, 2009, Released
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Overview: It was improper to certify homeowners' class under Ala. R. Civ. P. 23(b)(2) when the relief provided in a settlement agreement the homeowners entered into with a pest control company, as a whole, was not of the nature contemplated for Rule 23(b)(2) class certification. The individualized nature of each claim indicated that the relief was monetary.

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Spencer v. State, CR-07-0963, COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2009, Released
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Spencer v. State, CR-04-2570, COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2009, Released
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Overview: Remand for clarification of sentencing order was appropriate given levels of judicial scrutiny occurring when defendant was convicted of capital offense and sentenced to death. Trial court erred in finding that no additional nonstatutory evidence was offered, and statement that defendant was able to appreciate conduct's criminality was questioned.

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State v. Landrum, CR-07-0646, COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2009, Released
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Overview: Officer had reasonable suspicion to justify investigatory stop where he saw defendant late at night in a high traffic drug area, and defendant, on two occasions, within a short period of time, got out of his vehicle, with the engine still running, knocked on the door of a nearby house, and got back in his vehicle after no one answered the door.

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T.B. v. T.H., 2071009, COURT OF CIVIL APPEALS OF ALABAMA, February 27, 2009, Released
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Overview: Custody order entered under judge's purported circuit court authority was void; grandparents filed a dependency action that was before the judge in his juvenile court capacity, and once the judge determined that the child was not dependent, the juvenile court lost jurisdiction, and there was no jurisdictional basis for entry of the custody order.

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Washington v. State, CR-07-0536, COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2009, Released
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White v. State, CR-07-2039, COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2009, Released
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Overview: Case was remanded to the circuit court for the circuit court to set aside its order denying the inmate's motion for reconsideration of his sentence under Ala. Code ? 13A-5-9.1 because the court was to make specific, written findings of fact regarding the inmate's eligibility for resentencing, and to consider the inmate's motion for reconsideration.

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Williams v. State, CR-07-0537, COURT OF CRIMINAL APPEALS OF ALABAMA, February 27, 2009, Released
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Woods v. Federated Mut. Ins. Co., 2070867, 2070872, COURT OF CIVIL APPEALS OF ALABAMA, February 27, 2009, Released
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Overview: Appellate court did not have jurisdiction over an appeal of an order dismissing a driver's appeal of a district court order denying his motion to set aside a default judgment when the notice of appeal of the district court order was untimely under Ala. R. App. P. 4. It was filed over 42 days after the denial of his postjudgment motion to vacate.

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