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| Ala. Farmers Coop., Inc. v. PricewaterhouseCoopers, LLP, 2020454,
COURT OF CIVIL APPEALS OF ALABAMA, March 5, 2004, Released
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Overview: Where a corporation failed to produce substantial evidence of fraud and suppression to toll the statute of limitations, and failed to file it negligence claim within two years after it had actual knowledge of an injury, said claims were time barred.
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| B.N.P. v. D.M.P., 2020893,
COURT OF CIVIL APPEALS OF ALABAMA, March 5, 2004, Decided
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Overview: Where a child was not a party to a divorce action, she was not entitled to relief from it. Further, as long as the presumed father claimed paternity, she also lacked standing to challenge it under the Alabama Uniform Parentage Act.
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| Baldwin v. Branch, 1011214,
SUPREME COURT OF ALABAMA, March 5, 2004, Released
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Overview: Alabama's antilapse statute did not apply to trusts. Although the common law rule was that gifts in trust lapsed if the beneficiary predeceased the settlor, the sister's share in the trust vested when the settlor created the trust.
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| Delta Health Group, Inc. v. Stafford, 1021675,
SUPREME COURT OF ALABAMA, March 5, 2004, Decided
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Overview: Despite proving his defamation claim, where an employee failed to prove detrimental reliance on any alleged misrepresentations made, his fraud claim failed. Given the general verdict rendered, reversal and remand of the entire case was necessary.
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| Ex parte Casey, 1021603,
SUPREME COURT OF ALABAMA, March 5, 2004, Released
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Overview: Evidence of defendant's prior convictions for theft and the unauthorized use of a credit card were improperly admitted into evidence in trial for receiving stolen property as there was no logical connection between prior crimes and current charges.
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| Ex parte Harris, 1020899,
SUPREME COURT OF ALABAMA, March 5, 2004, Released
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Overview: Admission of the items of evidence seized pursuant to a warrantless search of defendant's home was harmless error, as the State's case against defendant was compelling, and the contested evidence pertained to undisputed facts or was cumulative.
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| Ex parte Key, 1020677,
SUPREME COURT OF ALABAMA, March 5, 2004, Released
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Overview: Jury was properly instructed on the Kyzer standard for determining whether defendant's crime was especially heinous, atrocious, or cruel even though the instruction did not contain comparative criteria of other capital offenses.
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| Ex parte McNabb, 1021364,
SUPREME COURT OF ALABAMA, March 5, 2004, Released
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Overview: Trial court did not invite the jury to recommend a death sentence without finding aggravating circumstances, properly apprised the jury of the unanimity requirement, and did not err in bifurcating the instructions during the sentencing phase.
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| Ex parte Newton, 1021368,
SUPREME COURT OF ALABAMA, March 5, 2004, Released
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Overview: Where employer welded release lever shut, trial court erred in granting summary judgment in injured party's claim alleging that employer willfully removed safety device, as engineer testified that sole purpose for lever was as safety device.
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