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   State Courts - Alabama - March 23, 2007
  
Ala. Dep't of Human Res. v. Ideal Truck Serv., 2050625, COURT OF CIVIL APPEALS OF ALABAMA, March 23, 2007, Released
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Overview: Because state agency had legal duty to pay child support it received to proper recipient under Ala. Code ? 38-10-12(a), it necessarily had legal duty to recover child support it paid to wrong recipient, and thus sovereign immunity did not prohibit injunction ordering it to recover funds paid to wrong recipient and to pay funds to correct recipient.

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Barber v. City of Birmingham, CR-05-2082, COURT OF CRIMINAL APPEALS OF ALABAMA, March 23, 2007, Released
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Overview: Defendant's convictions, obtained at a trial in which defendant represented himself, were reversed because record did not indicate that trial court advised defendant about dangers and disadvantages of self-representation and that he had the right to withdraw any waiver of right to counsel during proceedings pursuant to Ala. R. Crim. P. 6.1(b).

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Burke v. State, CR-05-1878, COURT OF CRIMINAL APPEALS OF ALABAMA, March 23, 2007, Released
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Overview: Appellate court ordered that defendant's case be remanded to the trial court to make findings about whether defendant was properly informed of his right to seek youthful offender status pursuant to the Youthful Offender Act, Ala. Code ? 15-19-1; record did not indicated that he was so informed and did indicate he might be eligible for it.

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Durry v. State, CR-05-1084, COURT OF CRIMINAL APPEALS OF ALABAMA, March 23, 2007, Released
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Overview: Inmate was entitled to hearing on his Ala. R. Crim. P. 32 claim that trial court lacked jurisdiction to revoke his probation as no evidentiary hearing was conducted and inmate had not waived the hearing; summary denial of claim was improper as the issue was sufficiently pled, it was jurisdictional, and it was not barred by Ala. R. Crim. P. 32.2.

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Ex parte Int'l Ref. & Mfg. Co., 1051084, SUPREME COURT OF ALABAMA, March 23, 2007, Released
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Overview: Corporations' petition for writ of mandamus was granted and writ was issued; all claims governed by statute of limitations requiring application of doctrine of relation back had to be dismissed, as new matters in plant employees' amended complaint did not fall within their original complaint's narrow claim against fictitiously-named defendants.

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Ex parte Jallad, 1051546, SUPREME COURT OF ALABAMA, March 23, 2007, Released
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Overview: Defendant could not be convicted of both conspiracy to commit third-degree burglary in violation of Ala. Code ? 13A-7-7 and conspiracy to commit first-degree theft of property in violation of Ala. Code ? 13A-8-3 with regard to taking of computers from a single business, as one only agreement was involved concerning each business.

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Ex parte Kilpatric, 1060468, SUPREME COURT OF ALABAMA, March 23, 2007, Released
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Garner v. State, CR-05-2054, COURT OF CRIMINAL APPEALS OF ALABAMA, March 23, 2007, Released
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Overview: Trial court did not err in admitting evidence about defendant's prior bad acts regarding two young girls waking up in the middle of the night to defendant sexually assaulting them in their rooms; those prior acts were substantially similar to the acts forming the basis of the instant offense, and, thus, were admissible under Ala. R. Evid. 404(b).

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Hall v. State, CR-05-1388, COURT OF CRIMINAL APPEALS OF ALABAMA, March 23, 2007, Released
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Overview: Revocation of defendant's probation was reversed as evidence that he had committed a subsequent drug crime was based solely on hearsay testimony from police officer who relied on information from confidential informant that defendant participated in a drug sale that officer listened to but did not observe; the officer could not identify defendant.

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Hall v. State, CR-05-0452, COURT OF CRIMINAL APPEALS OF ALABAMA, March 23, 2007, Released
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Overview: Denial of appellant's Ala. R. Crim. P. 32 petition was proper. He did not show good cause as to why the circuit court should have granted his discovery motions before it conducted an evidentiary hearing. Rather, he made only bare allegations that showed that he simply wanted to fish through the requested information to find support for his claims.

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