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   State Courts - Alabama - March 18, 2005
  
Ala. Dep't of Human Res. v. Dye, 2030614, COURT OF CIVIL APPEALS OF ALABAMA, March 18, 2005, Released
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Overview: ALJ erred in explicitly finding that the policies and procedures of an employee's employer were inadequate to prevent an incident of child neglect and in treating the employee and his supervisor differently without legally sufficient reasons for said difference.

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Bagley v. Creekside Motors, Inc., 1031103, SUPREME COURT OF ALABAMA, March 18, 2005, Released
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Overview: Trial court properly granted defendants summary judgment as to breach of implied warranty claims as such warranties did not apply to used car sales. As appellate court, in reversing trial court's initial dismissal of those claims, had not ruled that warranties existed, trial court did not violate law of case doctrine by granting summary judgment.

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Banks v. State, CR-03-1966, COURT OF CRIMINAL APPEALS OF ALABAMA, March 18, 2005, Released
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Overview: Defendant's two murder convictions and resulting sentences violated the Fifth Amendment's prohibition against double jeopardy because convictions arose out of a single incident and involved a single victim. Defendant's Batson claim failed because he failed to point to situation in which jurors were treated differently based on answers to voir dire.

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Byrd v. State, CR-03-1840, COURT OF CRIMINAL APPEALS OF ALABAMA, March 18, 2005, Released
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Christian v. Murray, 1031381, 1031397, and 1031398, SUPREME COURT OF ALABAMA, March 18, 2005, Released
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Overview: As it was not alleged that executor of an earlier will knew of the existence of a later will until a beneficiary discovered it, over six months after the earlier will had been admitted to probate, there had been no fraud on the court. Therefore, Ala. Code ? 43-8-199's six-month limit for filing will contests was not tolled by Ala. Code ? 43-8-5.

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D.B.Y v. State, CR-04-0443, COURT OF CRIMINAL APPEALS OF ALABAMA, March 18, 2005, Released
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Overview: District attorney was entitled to mandamus relief directing a circuit judge to order a juvenile probationer to undergo a sexual-offender risk assessment as required by Ala. Code ? 15-20-28. Moreover, the judge had no authority to release the juvenile in order to implement the special community-notification procedures for juvenile sexual offenders.

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Dep't of Revenue v. Arnold, 1031801, SUPREME COURT OF ALABAMA, March 18, 2005, Released
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Overview: Because Ala. Code. ??12-13-1, which set forth a probate court's subject-matter jurisdiction, did not justify the probate court's assumption of jurisdiction to decide an association's tax-exempt status, the probate court lacked jurisdiction to determine the issue, and its order under Ala. Code ? 40-9-1(12) was vacated.

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Duncan v. State, CR-03-1634, COURT OF CRIMINAL APPEALS OF ALABAMA, March 18, 2005, Released
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Overview: Circuit court properly denied defendant's petition for postconviction relief, pursuant to Ala. R. Crim. P. 32, without a hearing as defendant's allegations failed to meet the specificity and factual pleading requirements, failed to state a claim or establish that a material issue of fact or law existed, and were procedurally barred.

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Ex parte Silas, 1040460, SUPREME COURT OF ALABAMA, March 18, 2005, Released
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Ex parte Smith, 1000976, SUPREME COURT OF ALABAMA, March 18, 2005, Released
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