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| Chambers v. State, CR-07-0677,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 1, 2009, Released
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Overview: Denial of motion to suppress statements was upheld; totality of circumstances showed that officers had Ala. Code § 15-10-3(a)(3) probable cause and Ala. Code § 15-10-74(c) fresh pursuit authority to detain defendant in one county and transport him to another county for questioning. Officers reasonably believed defendant's connection to burglaries.
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| Colony Ins. Co. v. Ala. Heat Exchangers, Inc., 2071037,
COURT OF CIVIL APPEALS OF ALABAMA, May 1, 2009, Released
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Overview: Because an insurer accepted responsibility for and entered into the unconditional settlement of a buyer's claims against the insured, the coverage dispute between an insurer and its insured was rendered moot.
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| D.H. v. State, CR-07-1560,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 1, 2009, Released
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Overview: Because a charge of second-degree assault did not meet any criteria under former Ala. Code § 12-15-34.1(a) to automatically remove defendant from the jurisdiction of the juvenile court, the trial court's actions were void; accordingly, the adult division of the circuit court lacked jurisdiction over the matter.
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| Dowdle v. State, CR-07-1912,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 1, 2009, Released
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Overview: Because no transcript was made of defendant's probation-revocation hearing, and because the circuit court failed to set out the specific evidence it relied upon in reaching its decision to revoke defendant's probation, the appellate court was unable to ascertain whether the requisite Ala. R. Crim. P. 27.6(f) statements were presented in the record.
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| Flowers v. Dean, 2070344,
COURT OF CIVIL APPEALS OF ALABAMA, May 1, 2009, Released
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Overview: Husband and wife failed to preserve for appeal their argument that the damages awards were inadequate in their personal injury and consortium claims because, in the motion for new trial, they contested only sufficiency of evidence supporting the verdict, and did not mention or reference the awards of damages and did not address adequacy factors.
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| Henri-Duval Winery, L.L.C. v. Ala. Alcoholic Bev. Control Bd., 1070257,
SUPREME COURT OF ALABAMA, May 1, 2009, Released
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| Hiler v. State, CR-07-0361,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 1, 2009, Released
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Overview: Defendant's false claim that he was holding a bomb did not constitute falsely reporting an incident under Ala. Code § 13A-11-11 because his false report was made to police officers who were engaged at the time in police activities, and § 13A-11-11 applied to false reports made to public officials who were not engaged in police activity.
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| J. Bryant, LLC v. City of Birmingham, 2070553,
COURT OF CIVIL APPEALS OF ALABAMA, May 1, 2009, Released
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Overview: Appeal of judgment denying applicant's challenge of denial of its dance permit application was dismissed because trial court did not address applicant's constitutional arguments, and, thus, judgment did not adjudicate all claims presented in complaint, was not final for Ala. Code § 12-22-2 purposes, and there was no certification allowing appeal.
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| J.K. v. N.J., 2080199,
COURT OF CIVIL APPEALS OF ALABAMA, May 1, 2009, Released
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Overview: Because a father's general arguments regarding the constitutionality of Ala. Code § 15-20-26(c)(4) were inadequate to preserve the constitutional issues he presented on appeal, and because the father never put forth an argument regarding his substantive-due-process or equal-protection rights, he was properly ordered not to reside with his children.
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