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| Fort James Operating Co. v. Irby, 2031183,
COURT OF CIVIL APPEALS OF ALABAMA, April 29, 2005, Released
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Overview: Because the trial court erred in terminating a setoff in favor of an employer when the employee reached retirement age, as nothing in Ala. Code § 25-5-57(c) authorized the same, the matter was remanded. As a result, the court was also to recalculate the postjudgment interest due. The employer lacked standing to challenge an attorney fee award.
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| Hodges v. State, CR-03-1461,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 29, 2005, Released
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Overview: Because defendant never moved to supplement the record with alleged discussions regarding two witnesses, he could not complain on appeal that the record was incomplete, and nothing in the record indicated a reasonable doubt as to defendant's competency to stand trial or that he did not understand his Miranda rights or voluntarily waive them.
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| Jones v. State, CR-03-1351,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 29, 2005, Released
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Overview: Counsel's actual conflict of interest denied defendant her U.S. Const. amend. VI right to effective assistance, so a new trial was ordered. Counsel's simultaneous representation of a witness who was to testify that drugs in defendant's apartment were his caused counsel not to call him after prosecutor threatened state drug charges if he testified.
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| K.S. v. G.A.B., 2031140, 2040019, 2040043,
COURT OF CIVIL APPEALS OF ALABAMA, April 29, 2005, Released
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Overview: Although ex mero motu order transferring custody of three children to county department of human resources was proper, trial court erred in denying mother's request for a 72-hour hearing under Ala. Code §§ 12-15-60(a) or 12-15-153; order was reversed and case was remanded so that hearing could be conducted.
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| Kennedy v. State, CR-03-1583,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 29, 2005, Released
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Overview: Sentencing defendant as an habitual offender based upon her conviction for child abuse, in violation of Ala. Code § 26-15-3, was in error because § 26-15-3 was not an enumerated offense under Alabama's Habitual Felony Offender Act, Ala. Code §§ 13A-5-9 and -10 (1975), and, therefore, her sentence was improperly enhanced.
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| Lewis v. State, CR-04-0606,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 29, 2005, Released
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Overview: Order denying defendant's postconviction relief petition was remanded for the trial court to determine whether the indictment charging first-degree robbery was amended to add the fact that defendant was aided in the robbery by another person and for that court to issue specific written findings of fact in that regard.
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| M.C. Dixon Family P'ship, LLLP v. Envision Props., LLC, 2030281,
COURT OF CIVIL APPEALS OF ALABAMA, April 29, 2005, Decided
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Overview: Landowner was properly denied title by adverse possession, absent evidence that the disputed parcel had a boundary line as alleged. Also, the landowner failed to present evidence as to its dominion and control over said parcel. However, the matter was remanded as to the second parcel, where the trial court failed to consider the prevailing deed.
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| Martin v. State, CR-99-2249,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 29, 2005, Released
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Overview: After a state supreme court reversed sentencing order sentencing defendant to death and remanded case to the appellate court, the appellate court remanded the case to trial court for the entry of a new sentencing order that allowed defendant benefit of having jury's recommendation of a life sentencing without parole treated as a mitigating factor.
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| McCoo v. State, 1031852,
SUPREME COURT OF ALABAMA, April 29, 2005, Released
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Overview: State supreme court found Wyatt requirement, that a trial court pursuant to Ala. R. Crim. P. 27.6(f) enter a written order stating its reasons for probation revocation and evidence relied upon regardless of state of the record, did not apply where record was sufficiently complete to show reasons for probation revocation and evidence relied upon.
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