Alabama, April, 2002, State Case law

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State Courts - Alabama - April 26, 2002

Copeland v. State, CR-01-0660, COURT OF CRIMINAL APPEALS OF ALABAMA, April 26, 2002, Released
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Overview: The trial court erred in convicting defendant of second degree robbery; the indictment did not allege sufficient facts to conclude that another person aided defendant in the robbery, or that defendant consented to add such an allegation.

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D.Y. v. State, CR-01-0507, COURT OF CRIMINAL APPEALS OF ALABAMA, April 26, 2002, Released
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Overview: The trial court erred in sentencing defendant to six consecutive terms of three years' imprisonment, because the Alabama Youthful Offender Act did not permit consecutive sentences that totaled more than three years imprisonment.

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Devan Lowe, Inc. v. Stephens, 2001088, COURT OF CIVIL APPEALS OF ALABAMA, April 26, 2002, Released
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Overview: Judgment ordering garnishment of promisor's earnings from employer was upheld, where there was sufficient evidence to support conclusion that limited liability company paying promisor was fraudulent attempt to evade promisee.

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Douglas v. Devonshire Apts., L.L.C., 2010200, COURT OF CIVIL APPEALS OF ALABAMA, April 26, 2002, Released
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Overview: Where injured party, invitee of alleged tortfeasor's, stepped into open and obvious hole in tortfeasor's parking lot, tortfeasor was not liable, as it had no duty to warn injured party of open and obvious conditions.

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Flippo v. Pope, 1010104, 1010792, SUPREME COURT OF ALABAMA, April 26, 2002, Released
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Overview: Where injured party, after coming of age, did not ratify continued pursuit of action by father on her behalf, dismissal of first action with prejudice after injured party attained age of majority was not binding upon her.

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Graves v. Ala. Bd. of Pardons & Paroles, CR-01-0809, COURT OF CRIMINAL APPEALS OF ALABAMA, April 26, 2002, Released
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Hannah v. Gregg, Bland & Berry, 1002094, 1002095, SUPREME COURT OF ALABAMA, April 26, 2002, Released
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Overview: Summary judgment was granted in error where, inter alia, widow presented substantial evidence creating genuine issue of material fact regarding whether absence of barrier guard was obvious defect contractor should have recognized and remedied.

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Hocker v. State, CR-00-0453, COURT OF CRIMINAL APPEALS OF ALABAMA, April 26, 2002, Released
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Overview: Defendant's death sentence was not excessive where trial court weighed aggravating and mitigating circumstances, and found that murder was committed during robbery and was especially heinous, atrocious, or cruel compared to other capital crimes.

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King v. State, CR-00-0508, COURT OF CRIMINAL APPEALS OF ALABAMA, April 26, 2002, Released
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Overview: Denial of defendant's second request for postconviction relief requesting out-of-time appeal was error where, through no fault of his own, he did not know court dismissed first request until five months later, and State did not refute this.

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Knox v. State, CR-00-1993, COURT OF CRIMINAL APPEALS OF ALABAMA, April 26, 2002, Released
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Overview: Conviction was reversed where judge abused her discretion in denying defendant's continuance motion in order to secure previously ordered competency evaluation, where by no fault of his own he missed appointment and had not waived the same.

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