Alabama, May, 2009, State Case law | lexisONE® Community

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State Courts - Alabama - May 1, 2009

James v. State, CR-06-0396, COURT OF CRIMINAL APPEALS OF ALABAMA, May 1, 2009, Released
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Overview: Court erred by refusing to charge jury on heat-of-passion manslaughter (Ala. Code ? 13A-6-3(a)(2)) as lesser included offense of intentional murder, as there was evidence that defendant believed the victim was about to assault him and shot him out of fear. His claim of self-defense did not preclude a jury charge on heat-of-passion manslaughter.

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Kaufman v. Kaufman, 1070283, SUPREME COURT OF ALABAMA, May 1, 2009, Released
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King v. State, CR-07-0693, COURT OF CRIMINAL APPEALS OF ALABAMA, May 1, 2009, Decided
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Lee v. Oliver, 2071229, COURT OF CIVIL APPEALS OF ALABAMA, May 1, 2009, Released
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Lewis v. State, CR-07-0072, COURT OF CRIMINAL APPEALS OF ALABAMA, May 1, 2009, Released
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Overview: Judgment was affirmed as admission of defendant's statements did not violate his U.S. Const. amend. V and Ala. Const. art. I, ? 6 rights as statements were not involuntary due to intoxication as, although defendant had been drinking, detective testified that he felt that defendant knew what he was doing and understood what was happening.

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Melvin v. Loats, 2070922, COURT OF CIVIL APPEALS OF ALABAMA, May 1, 2009, Released
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Overview: Because the trial court erroneously ignored the effect of Ala. Code ? 12-21-45, which altered the collateral source rule in civil actions, it erred in awarding the plaintiff a new trial under Ala. R. Civ. P. 59(a), Ala. Code ? 12-13-11(4) based on inadequate damages.

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Morgungenko v. Dwayne's Body Shop, 2071080, COURT OF CIVIL APPEALS OF ALABAMA, May 1, 2009, Released
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Overview: Order that vehicle be sold pursuant to Abandoned Motor Vehicle Act (Act) was not final and did not support appeal because trial court did not sever claim under the Act from owners' detinue and conversion claims into separate actions but ordered separate trials under Ala. R. Civ. P. 42(b), and so not all claims between parties were disposed of.

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Nelson v. State, CR-06-1634, COURT OF CRIMINAL APPEALS OF ALABAMA, May 1, 2009, Released
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Overview: Former Ala. Code. ? 32-5A-191(o), which contained no limiting five-year window for prior DUI convictions used for sentencing enhancement, applied to defendant's case despite the fact that the section was amended between defendant's arrest and conviction because the statute in effect when a crime was committed governed prosecution and sentence.

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Reeves v. State, CR-07-1683, COURT OF CRIMINAL APPEALS OF ALABAMA, May 1, 2009, Released
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Overview: Defendant, convicted of possession of stolen property, was obliged to pay restitution under Ala. Code ? 15-18-65 to the victims for damage to and loss of their property after it was collected by State, as the losses and damage to the property while in state custody were not so unforeseeable as to supersede defendant's fault in causing the losses.

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Smiley v. State, CR-07-2275, COURT OF CRIMINAL APPEALS OF ALABAMA, May 1, 2009, Released
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Overview: Probation revocation was error because the revocation was based on defendant's alleged misconduct occurring almost three months before the imposition of sentence and award of probation. Criminal charges based on conduct occurring before sentences were imposed and probation ordered could not have properly formed a basis for revocation.

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