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| Birge v. State, CR-03-0292,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 25, 2007, Decided
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Overview: Defendant's conviction for murder made capital (Ala. Code § 13A-5-40(a)(7)) was reversed, as the State failed to satisfy its burden to prove a sufficient chain of custody for samples extracted from the victim's body, and the trial court erred when it admitted a toxicology report and permitted a professor of pathology to testify from that report.
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| Cannon v. State, CR-04-1982,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 25, 2007, Decided
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Overview: As a sheriff's deputy was not justified to retrieve a film canister from defendant's pocket because she had been given permission only to retrieve his identification, and there was no reason for the deputy to open the canister because it was not immediately apparent that it contained contraband, suppression of the contraband therein was warranted.
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| Coleman v. State, 1060909,
SUPREME COURT OF ALABAMA, May 25, 2007, Released
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| Concerned Members of Old Elam Baptist Church v. Bd. of Trustees, 1050184,
SUPREME COURT OF ALABAMA, May 25, 2007, Released
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Overview: State supreme court granted the church leaders' request for the issuance of writ of mandamus to the extent that the trial court was directed to vacate its order that the claimants who wanted to inspect church records were members, as the trial court could at most decide whether the claimants' membership was terminated by proper church authority.
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| Dickson Campers, Inc. v. City of Mobile, 2050875,
COURT OF CIVIL APPEALS OF ALABAMA, May 25, 2007, Released
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Overview: Trial court erred in granting summary judgment to a city as to a company's action seeking a declaration that the city's monthly gross-receipts privilege or license taxes violated Ala. Code § 11-51-91, because there was an issue of fact as to whether the city made an adequate effort to relate the taxes charged to the cost of services provided.
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| Dyess v. Bay John Developers II, L.L.C., 2050857,
COURT OF CIVIL APPEALS OF ALABAMA, May 25, 2007, Released
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Overview: Trial court erred in granting summary judgment to a developer in an action to force a county planning and zoning department to approve plans for a condominium complex, as the trial court erroneously characterized the county's subdivision regulations as zoning regulations rather than planning regulations.
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| Egbuonu v. State, CR-05-0143,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 25, 2007, Decided
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Overview: In prosecution for identity theft under Ala. Code § 13A-8-192(a), as both charges stemmed from the same theft of victims identity, and the two charges were merely based on alternative methods of proving that single theft, defendants convictions and sentences for two counts of identity theft for a single theft violated double-jeopardy principles.
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| Evans v. Evans, 2060158,
COURT OF CIVIL APPEALS OF ALABAMA, May 25, 2007, Released
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Overview: Judgment requiring father to satisfy McLendon standard was affirmed as order awarding father custody was entered after ex parte hearing of which mother received no notice and had no opportunity to be heard, even though child resided with father for extended period during litigation. Burden under McLendon did not shift to mother.
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| Ex parte Rigsby, 1061026,
SUPREME COURT OF ALABAMA, May 25, 2007, Released
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