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| $3,011 in United States Currency v. State, 2000936,
COURT OF CIVIL APPEALS OF ALABAMA, April 26, 2002, Released
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Overview: Trial court erred in denying owner's motion for judgment on pleadings based on State's failure to promptly institute forfeiture action, as State did not demonstrate intention of serving process within reasonable time after filing complaint.
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| Aronov Realty Brokerage, Inc. v. Morris, 1001292, 1001650, 1001733, 1010456,
SUPREME COURT OF ALABAMA, April 26, 2002, Released
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Overview: Defendants failed to prove that purchase of condominium substantially affected interstate commerce and the Federal Arbitration Act was inapplicable; Alabama law applied to prohibit specific enforcement of agreement to submit to arbitration.
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| Ash v. State, CR-98-2451,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 26, 2002, Released
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| BankAmerica Hous. Servs. v. Lee, 1010324, 1010325, 1010326, 1010327, 1010504,
SUPREME COURT OF ALABAMA, April 26, 2002, Released
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Overview: Trial court impermissibly intruded upon parties' agreed arbitration in setting deadlines and ordering one party to pay fees and expenses, contrary to established commercial rules. However, this did not arise to the level of unconscionability.
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| Bell v. State, CR-00-2583,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 26, 2002, Released
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Overview: As allegations in defendant's postconviction petition that misdemeanor was used to impose habitual felony offender sentence were undisputed by the State, and were sufficient to afford him relief, case was remanded for findings on that issue.
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| Boglin v. State, CR-00-1102,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 26, 2002, Released
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Overview: Failure to inquire if defendant understood rights during plea colloquy was error. Postconviction relief claims of ineffectiveness of counsel, voluntariness of plea, waiver of appeal rights, and collateral attack of conviction were thus viable.
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| Brooks v. State, CR-00-1134,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 26, 2002, Released
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Overview: Dismissal of petition for an out-of-time appeal was remanded, as the court erred in improperly date stamping the earlier petition dismissal, which prevented defendant from perfecting a timely appeal.
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| Charest v. State, CR-99-1663,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 26, 2002, Released
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Overview: As trial judge did not have authority under procedural rules to strike defendant's timely filed postconviction petition and its legitimate amendments, it should have addressed those claims raised in the first petition.
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| Cloud v. Cloud, 2001274,
COURT OF CIVIL APPEALS OF ALABAMA, April 26, 2002, Released
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Overview: Judgment dismissing action seeking modification of child support was reversed, where trial court prevented inmate from following proper course specifically recognized for inmate to take to present evidence on his own behalf at trial.
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