Alabama, April, 2007, State Case law

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State Courts - Alabama - April 27, 2007

Ex parte Lightwave Techs., 1050996, SUPREME COURT OF ALABAMA, April 27, 2007, Released
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Overview: Appellate court's judgment that found the holder of an easement, the power company, could apportion that easement for additional use by another party only to the extent of the use for which the easement was initially created was affirmed, which meant fiber-optic cable owner did not acquire the right to string its cable on power company's pole.

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Ex parte Randall, 1050203, SUPREME COURT OF ALABAMA, April 27, 2007, Decided
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Overview: Social worker's mandamus petition was granted, as the trial court erred in denying her summary judgment motion in a wrongful death action, because the social worker was entitled to State-agent immunity, as her failure to detect that a day care center was administering medication without proper documentation was not willful or malicious.

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Ex parte Teasley, CR-06-0811, COURT OF CRIMINAL APPEALS OF ALABAMA, April 27, 2007, Released
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Overview: Petition for mandamus writ directing judge to correct petitioner's institutional records was transferred to the Court of Civil Appeals of Alabama because the Court of Criminal Appeals of Alabama did not have jurisdiction to consider appeal from an Ala. Code ? 41-9-645 proceeding; such an action was proper in the Court of Civil Appeals of Alabama.

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Ferraro v. Bd. of Zoning Adjustment of Birmingham, 2050507, COURT OF CIVIL APPEALS OF ALABAMA, April 27, 2007, Released
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Overview: In an appeal by property owners, it was determined that a zoning board properly granted a variance to allow a neighbor to build a carport, because the neighbor's hardship was not self-inflicted, and furthermore, the unique size and shape of the neighbor's property rendered a carport incapable of being built on his premises without a variance.

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Friedman v. Friedman, 1050043, SUPREME COURT OF ALABAMA, April 27, 2007, Decided
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Overview: To obtain a judgment in a detinue at common law against the daughter-in-law for her alleged theft of valuable stamps and jewelry, the in-laws were required to prove that the daughter-in-law had wrongfully taken the jewelry and stamps and that the daughter-in-law was, at the time the in-laws filed their action, in possession of them.

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Gates v. State, CR-05-1909, COURT OF CRIMINAL APPEALS OF ALABAMA, April 27, 2007, Released
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Overview: A trial court was without subject matter jurisdiction on June 30, 2006 to reinstate a June 4, 1982 sentence of life imprisonment without parole since the State's motion to reconsider a determination that appellant was a nonviolent convicted offender was filed later than 30 days from the granting of appellant's original Ala. Code ? 13A-5-9.1 motion.

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J.E. v. State, CR-05-1641, COURT OF CRIMINAL APPEALS OF ALABAMA, April 27, 2007, Released
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Overview: Prosecutor's comment was a direct comment on defendant's failure to testify in his own behalf. However, defendant was not entitled to a new trial. Because defendant acquiesced to the decision to give an incomplete curative instruction, he could not challenge the denial of his motion for a mistrial made on the basis of an improper instruction.

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Montgomery v. State, CR-05-1560, COURT OF CRIMINAL APPEALS OF ALABAMA, April 27, 2007, Released
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Overview: With regard to the denial of a writ of habeas corpus to an inmate, the court held that Ala. R. Civ. P. 55 did not apply in habeas corpus cases, therefore, the fact that the circuit court clerk entered a default against the State Department of Corrections in the case was of no legal consequence and did not entitle the inmate to a default judgment.

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Powers v. State, CR-05-0359, COURT OF CRIMINAL APPEALS OF ALABAMA, April 27, 2007, Released
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Overview: Defendant was deprived of right to representation by counsel under State and Federal Constitutions and Ala. R. Crim. P. 6.1(a) as she was entitled to representation at trial. Ala. R. Crim. P. 6.1(c) allowed defendant to withdraw waiver "at any time," and did not include exception for waiver that was withdrawn for dilatory or contumacious purposes.

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Quick v. State, CR-06-0428, COURT OF CRIMINAL APPEALS OF ALABAMA, April 27, 2007, Decided
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Overview: Inmate's petition for writ of habeas corpus, which claimed that the jail credit time he should have received for time spent in jail before he was sentenced on three burglary charges, a time span between 1995 and 2003, had been incorrectly calculated, had sufficient merit to warrant a hearing; remand was made so that hearing could be conducted.

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