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| Laney v. Laney, 2001143,
COURT OF CIVIL APPEALS OF ALABAMA, April 26, 2002, Released
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Overview: Premarital agreement established that car was owned by husband's business and had not been given to wife. Trial court correctly ordered divorced parties to share equally in profits from sale of real estate.
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| Lowe v. State, CR-01-0227,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 26, 2002, Released
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Overview: The trial court erred in revoking defendant's probation, because the trial court's allusion to the numbers of the charges in the delinquency petition was inadequate to state the grounds for revocation of probation.
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| McDade v. State, CR-01-0572,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 26, 2002, Released
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Overview: Trial court erroneously allowed defendant's new trial motion to be denied by operation of law. Accordingly, trial court was ordered to take actions necessary to make specific, written findings of fact as to each of defendant's claims.
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| McLin v. State, CR-00-2112,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 26, 2002, Released
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Overview: Defendant's use of incorrect form in filing notice of appeal was sufficient to perfect appeal, where appeals court could reasonably infer defendant's intent to appeal from text of document, and document was timely filed.
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| Mobile County Pers. Bd. v. City of Mobile, 2001038,
COURT OF CIVIL APPEALS OF ALABAMA, April 26, 2002, Released
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Overview: Judgment reversing order of county personnel board was reversed, where trial court erred when it substituted its judgment for board's. Substantial evidence supported board's decision to reduce city employee's punishment.
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| Moss v. State, CR-00-2054,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 26, 2002, Released
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Overview: Evidence supported cocaine trafficking conviction, as State proved constructive possession of cocaine found in yard of mobile home through defendant's residence at premises and knowledge of cocaine in yard. Batson motion was properly denied.
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| Murph v. State, CR-01-0569,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 26, 2002, Released
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Overview: Appeal of the summary disposal of a postconviction petition was remanded to the trial court so that the trial court could conduct an evidentiary hearing to determine if a claim was meritorious.
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| Nieto v. State, CR-01-0184,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 26, 2002, Released
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Overview: Fine was due immediately after sentence pronouncement where sentencing order was silent as to when fine was payable; however, probation could not be revoked without determining whether written notice of the payment condition had been given.
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| O.A.C. v. State, CR-00-1355,
COURT OF CRIMINAL APPEALS OF ALABAMA, April 26, 2002, Released
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Overview: Evidence indicating victim had extramarital affairs was properly excluded where defendant failed to show evidence was sufficiently probative so as to tip balance in favor of admission on basis of constitutional right to present defense.
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