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   State Courts - Alabama - March 18, 2005
  
State of Alabama Dep't of Revenue v. Hoover, Inc., 2030402, COURT OF CIVIL APPEALS OF ALABAMA, March 18, 2005, Decided
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Overview: Alabama Department of Revenue imposed a sales tax on sales of products by a corporate taxpayer to all in-state and out-of-state entities equally, and thus committed no violation of the Commerce Clause. The only exception to this rule applied to sales to the State itself and to its political subdivisions.

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Stone & Webster Constr., Inc. v. Lanier, 2021220, COURT OF CIVIL APPEALS OF ALABAMA, March 18, 2005, Released
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Overview: Court erred in awarding employee permanent and total disability in workers' compensation suit because standard required to remove injury from schedule imposed by Ala. Code ? 25-5- 57(a)(3), as described in Ex parte Drummond Co. was not met. If holding conflicted with holding in Ruggs, then Ruggs holding was overruled so court could follow Drummond.

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Story v. RAJ Props., 1031349, SUPREME COURT OF ALABAMA, March 18, 2005, Released
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Overview: Trial court acted within its discretion in granting summary judgment based on spoliation of evidence to defendants in a homeowners negligence and breach of warranty action regarding an exterior coating used on his home; the evidence supported finding homeowner was culpable in destroying key evidence and preventing defendants from inspecting damage.

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Urioso v. State, CR-03-1697, COURT OF CRIMINAL APPEALS OF ALABAMA, March 18, 2005, Released
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Overview: Consent to search vehicle was not voluntary as defendant did not understand enough English to give knowing and voluntary consent. Record indicated officer had great difficulty communicating with defendant; it was readily apparent from videotape of encounter that defendant spoke little, if any, English and officer spoke just as little Spanish.

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Walker v. State, CR-03-2162, COURT OF CRIMINAL APPEALS OF ALABAMA, March 18, 2005, Released
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Overview: Because record indicated that the trial court did not revoke defendant's probation because of his failure to pay court-ordered moneys, it properly denied defendant's request to be credited with $ 15 per day pursuant to Ala. R. Crim. P. 26.11(i). Defendant was entitled to credit for time spent incarcerated on probation hold before revocation order.

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Wilson v. Wilson, 2030896, COURT OF CIVIL APPEALS OF ALABAMA, March 18, 2005, Released
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Overview: Because a wife failed to present evidence of the present value of a husband's military retirement benefits, the division of such benefits was improper. The husband testified as to the value of the benefits upon retirement, and no other evidence of value was presented.

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