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| Henderson v. Meadwestvaco Corp., 1070522, 1070497, 1070509,
SUPREME COURT OF ALABAMA, March 20, 2009, Released
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Overview: In wrongful death action, grant of summary judgment for railroad was upheld, as representative's claim, brought 32 years after last exposure to asbestos, was barred by inability to satisfy requirements of Ala. Code ¿ 6-5-410(a), that decedent could have commenced action for such wrongful act, omission, or negligence if it had not caused his death.
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| Hollander v. Nichols, 1061094,
SUPREME COURT OF ALABAMA, March 20, 2009, Released
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Overview: In a patient's suit asserting breach of contract for a doctor's unauthorized release of his medical records to his employer, the trial court erred by granting summary judgment to the doctor and other medical defendants as they failed to demonstrate that they were entitled to the exemption from liability set forth in Ala. Code ¿ 25-5-77(b).
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| Johnson v. State, CR-07-0965,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 20, 2009, Released
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Overview: Defendant's conviction of murder, Ala. Code ¿ 13A-6-2, was affirmed, as testimony indicated that defendant, who was carrying a loaded pistol, went into an apartment, locked the front door, and that, shortly thereafter, gunshots were heard. Defendant admitted to shooting the victim. Denial of his Batson challenge was not clearly erroneous.
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| Owens v. State, CR-06-1957,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 20, 2009, Released
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Overview: State presented circumstantial evidence that defendants authorized a party at their residence, were in attendance, and allowed it to continue after learning alcohol was in the possession of or being consumed by people under 21, in violation of Ala. Code ¿ 13A-11-10.1(b). There were minors and several beer cans on the deck of defendants' house.
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| Porter v. State, CR-07-0471,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 20, 2009, Released
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| Rhodes v. State, CR-07-1314,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 20, 2009, Released
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Overview: Probation revocation matter was remanded to the circuit court because neither the revocation of probation order nor the case action summary sheet included an affirmative statement that adequately set forth the evidence upon which the circuit court relied and its reasons for revoking probation as required by Ala. R. Crim. P. 27.6(f).
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| Smith v. State, CR-07-1478,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 20, 2009, Released
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Overview: Evidence seized from defendant during a pat down by a police officer should have been suppressed as officer did not testify that he believed defendant was armed nor did he testify as to any specific facts that could support a finding that he was justified in believing defendant was armed and presently dangerous.
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| Stanford v. Stanford, 2070605,
COURT OF CIVIL APPEALS OF ALABAMA, March 20, 2009, Released
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Overview: Original divorce judgment was properly modified to award former wife periodic alimony of $300 per month until anticipated graduation date from college as trial court had expressly reserved the issue of periodic alimony and the wife had shown that her monthly expenses exceeded her monthly income by about $200 since rehabilitative alimony had ended.
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| Sykes v. State, CR-07-1874,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 20, 2009, Released
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