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| Bledsoe v. Cleghorn, 2050153,
COURT OF CIVIL APPEALS OF ALABAMA, March 30, 2007, Released
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Overview: Judgment awarding custody to father was reversed as father did not meet McLendon standard. Testimony concerned disputes between father and mother or father and stepfather, and did not reveal material change affecting child's welfare, focus on how change in custody would materially benefit child, or show obvious need for change in custody.
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| Byrom v. Byrom, 2050820 and 2050855,
COURT OF CIVIL APPEALS OF ALABAMA, March 30, 2007, Released
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Overview: Judgment was reversed as decedent's interest in trust did not pass under Ala. Code § 43-8-225(b) to decedent's widow as trust indenture did not purport to direct distribution of decedent's property upon his death and it was not will. As trust indenture was not will, § 43-8-225(b) did not apply to it.
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| Ex parte Walker, 1041931,
SUPREME COURT OF ALABAMA, March 30, 2007, Released
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Overview: No plain error was found where, inter alia, State removed jurors because they had relatives who had been convicted of crime or who had been murdered, jury was not invited to recommend death sentence without finding any aggravating circumstances, and prosecutor's statements were replies to defendant's arguments and legitimate inferences from record.
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| L.L.M. v. J.M.T., 2050744,
COURT OF CIVIL APPEALS OF ALABAMA, March 30, 2007, Released
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Overview: Trial court erred in setting aside a judgment by the juvenile court that adjudicated the paternity of a father and entered awards of custody and child support, as Ala. Code § 26-17-22 (1975) did not divest the juvenile court of jurisdiction to determine paternity where the father had voluntarily acknowledged paternity.
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| Peterson v. State, CR-05-0987,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 30, 2007, Released
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Overview: While a judicial estoppel claim alleged as part of defendant's motion to dismiss an indictment filed against him was previously rejected by the court, and hence, not addressed further, an insufficient record prevented the appeals court to address his remaining claims. Hence, the matter was remanded for an evidentiary hearing on the same.
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| In re Anonymous, 2060558,
COURT OF CIVIL APPEALS OF ALABAMA, April 4, 2007, Released
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Overview: Because an order denying a minor's request for a waiver of parental consent for an abortion was supported by specific factual findings and legal conclusions that the minor was not mature and well informed enough to make the abortion decision, and the performance of the abortion was not in the best interest of the minor child, said order was upheld.
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