Alabama, March, 2009, State Case law

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State Courts - Alabama - March 20, 2009

Andrews v. State, CR-07-0762, COURT OF CRIMINAL APPEALS OF ALABAMA, March 20, 2009, Released
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Overview: While a trial court should have dismissed a postconviction petition as untimely under Ala. R. Crim. P. 32.2(c), as the trial court conducted a hearing on the petition, Ala. R. Crim. P. 32.9(d) required that the trial court make specific findings of facts supporting its denial of the petition, and as it failed to do so, a remand was required.

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Boles v. State, CR-08-0083, COURT OF CRIMINAL APPEALS OF ALABAMA, March 20, 2009, Released
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Overview: Order revoking probation was inadequate under Ala. R. Crim. P. 27.6(f) because the circuit court, while stating the reasons for the revocation, did not state the specific evidence relied on in revoking defendant's probation; thus, the cause had to be remanded.

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Burgess v. State, CR-05-0421, COURT OF CRIMINAL APPEALS OF ALABAMA, March 20, 2009, Released
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C.R.F. v. State, CR-07-1135, COURT OF CRIMINAL APPEALS OF ALABAMA, March 20, 2009, Released
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Cleveland v. Cleveland, 2071116, COURT OF CIVIL APPEALS OF ALABAMA, March 20, 2009, Released
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Overview: Clause in a divorce judgment that awarded custody of an infant daughter to the mother until the child turned one-year-old, at which time, the mother and father were to share joint physical custody of the child, was improper as Alabama law forbid automatic modification clauses that changed physical custody based on future contingencies.

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Dennis v. Still Waters Residential Ass'n, 2071064, COURT OF CIVIL APPEALS OF ALABAMA, March 20, 2009, Released
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Overview: Defendant was entitled to vacate default judgment under Ala. R. Civ. P. 60(b)(4) as corporation failed to prove proper service under Ala. R. Civ. P. 4(c)(1) and (i)(2)(C) as defendant had ceased living at address to which process was mailed prior to the delivery date and someone signed a name other than defendant's on the certified mail receipt.

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Ex parte City of Montgomery, 1071621, SUPREME COURT OF ALABAMA, March 20, 2009, Released
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Overview: A police officer's petition for a writ of mandamus directing a trial court to grant her summary judgment on a wife's claims was granted because the officer demonstrated that she was engaged in law-enforcement functions for which State-agent immunity and statutory immunity under Ala. Code ? 6-5-338 were available.

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Ex parte Folsom, 1071705, SUPREME COURT OF ALABAMA, March 20, 2009, Released
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Overview: Property owner was entitled to preliminary injunction against an LLC to prevent its interference with an easement as while the LLC offered an alternate means of access to the owner's property, the property rights in the easement could not be interfered with on the basis of a lack of need.

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Gilmer v. State, CR-07-1077, COURT OF CRIMINAL APPEALS OF ALABAMA, March 20, 2009, Released
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Overview: Trial court erred in conducting a hearing on a motion for a new trial when neither defense counsel nor defendant were present as hearing was a critical stage of defendant's prosecution for murder; as the error was not harmless, a remand was ordered so that a new hearing could be conducted at which both defendant and his counsel were to be present.

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H.L.B. v. State, CR-07-1250, COURT OF CRIMINAL APPEALS OF ALABAMA, March 20, 2009, Released
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