Alabama, April, 2007, State Case law

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State Courts - Alabama - April 27, 2007

Abdeldayem v. State, CR-05-2039, COURT OF CRIMINAL APPEALS OF ALABAMA, April 27, 2007, Released
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Overview: An inmate who sought Ala. R. Crim. P. 32 postconviction relief was denied due process when neither the trial court's orders nor the State's response were served on his counsel, because, had the State's response been properly served, counsel would have had an opportunity to meet his Ala. R. Crim. P. 32.3 burden to disprove a claimed procedural bar.

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Austin v. Ala. Dep't of Corr., CR-06-0505, COURT OF CRIMINAL APPEALS OF ALABAMA, April 27, 2007, Released
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Overview: Judgment was affirmed as inmate was not protected by Wolff due process protections as sanctions for violating prison rule did not involve deprivation of liberty interest. Substantial evidence supported hearing officer's finding as inmate admitted telling arresting officer "You can't tell me nothing," while officer was correcting another inmate.

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Barnett Millworks, Inc. v. Guthrie, 1060041, SUPREME COURT OF ALABAMA, April 27, 2007, Released
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Overview: Trial court erred in entering a judgment that found store owner liable for a certain sum for debts the store owner incurred instead of holding the first guarantor liable for the debts as requested by the corporation; parties to guarantee agreement agreed guarantee would only terminate if corporation consented to it in writing, which did not occur.

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Bohanon v. Edwards, 2050840, COURT OF CIVIL APPEALS OF ALABAMA, April 27, 2007, Released
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Overview: Judgment was reversed as co-tenant's property passed to children by intestate succession, children became co-tenants with co-tenant's parents, and mother could not transfer to devisee more than she owned. Mother's possession of parcel was permissive, and could not be used for adverse possession purposes under Ala. Code ? 6-5-200.

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Brownfield v. State, CR-04-0743, COURT OF CRIMINAL APPEALS OF ALABAMA, April 27, 2007, Released
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Overview: Defendant's convictions of three counts of capital murder were affirmed. The death penalty was appropriate under Ala. Code ? 13A-5-53, as defendant, in a cold and brutal manner, savagely beat his sister and her grandson to death with a hammer, and the trial court did not abuse its discretion in denying his motion to suppress his confessions.

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Camp v. State, CR-05-1207, COURT OF CRIMINAL APPEALS OF ALABAMA, April 27, 2007, Released
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Overview: Trial court did not err in denying defendant's motion to suppress evidence found in his vehicle; based on the totality of the circumstances which the arresting officer encountered, the officer had reasonable suspicion to believe that defendant's vehicle contained illegal drugs or a weapon and, thus, stop could be prolonged to investigate.

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Chambers v. Courtesy Pontiac-GMC Trucks, Inc., 2050933, COURT OF CIVIL APPEALS OF ALABAMA, April 27, 2007, Released
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Overview: When a consumer did not appeal an arbitrator's decision dismissing his claim against a vehicle dealer within 10 days, as required by Ala. Code ? 6-6-15, or within 42 days, under Ala. R. App. P. 4(a)(1), his appeal was untimely, and it was dismissed.

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Connally v. State, CR-05-1229, COURT OF CRIMINAL APPEALS OF ALABAMA, April 27, 2007, Released
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Overview: Case was remanded because defendant was to be allowed an opportunity to present evidence to support his allegations in his Ala. R. Crim. P. 32 petition for relief that his guilty plea was involuntary, and that his trial counsel was ineffective. The claims were not barred even though they were presented for the first time in the Rule 32 petition.

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Crane v. State, CR-06-0223, COURT OF CRIMINAL APPEALS OF ALABAMA, April 27, 2007, Released
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Overview: Because Ala. Code ? 13A-8-43(a) extended robbery to include conduct that occurred in an attempt, the trial court lacked jurisdiction to render a judgment and impose a sentence against defendant for attempted first-degree robbery.

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Ellis v. West, 1051822, SUPREME COURT OF ALABAMA, April 27, 2007, Released
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Overview: As a decedent's great-grandchildren had been adopted by their maternal grandmother and stepgrandfather after their mother's death, under the plain language of Ala. Code ? 43-8-48(1), they were not the children of their natural parents for purposes of intestate succession and thus were not entitled to any share of the decedent's estate.

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