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| Ex parte Wright, 1001181,
SUPREME COURT OF ALABAMA, May 3, 2002, Released
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Overview: Notice of appeal from denial of postconviction petition was timely if it was deposited in prison mail system on last day for filing, as defendant claimed. Matter was remanded to trial court to consider when notice of appeal was deposited.
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| Gamble v. Segers, 2001215,
COURT OF CIVIL APPEALS OF ALABAMA, May 3, 2002, Released
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Overview: Mother's testimony that she took job that provided enough income to rent mobile home, and that she completed drug-rehabilitation program did not prove her fitness or that change in custody would have materially promoted best interests of child.
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| Harshaw v. Nationwide Mut. Ins. Co., 1010114,
SUPREME COURT OF ALABAMA, May 3, 2002, Released
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Overview: Trial court erred in denying injured party's motion for new trial where preponderance of evidence was so decidedly against verdict as to clearly convince appellate court verdict was plainly and palpably wrong and unjust.
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| Heath v. Healthsouth Med. Ctr., 2000807,
COURT OF CIVIL APPEALS OF ALABAMA, May 3, 2002, Released
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Overview: Hospital's failure to answer patient's calls for assistance in walking to bathroom came within comprehension of ordinary layperson and qualified as exception to the expert-testimony rule of Alabama Medical Liability Act.
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| In re Anonymous, 2010728,
COURT OF CIVIL APPEALS OF ALABAMA, May 3, 2002, Released
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Overview: Waiver of parental consent requirement to minor's abortion was denied where, with exception of brief reference to depression, minor failed to show knowledge of any physical, emotional, or psychological risks of having abortion.
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| State ex rel. Finklea v. Aaron, 2001192,
COURT OF CIVIL APPEALS OF ALABAMA, May 3, 2002, Released
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Overview: Where trial court intended on its order being temporary, evidenced by holding a later hearing in order to issue a final ruling, appeal was dismissed. No appeal could be taken from non-final order.
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| State v. Davis, CR-01-1313,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 3, 2002, Released
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Overview: Petition for writ of mandamus directing trial court to grant in forma pauperis request was dismissed where defendant provided no explanation as to why his untimely petition was filed significantly beyond presumptively reasonable time period.
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| State v. Phillips, CR-01-1385,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 3, 2002, Released
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Overview: Order setting bail was reversed where trial court incorrectly held that doctrine of transferred intent did not apply to facts present in complaints filed against defendants. Rather, defendants were lawfully charged with capital offenses.
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| State v. Reeves, CR-01-1124,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 3, 2002, Released
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Overview: Because civil forfeiture action had been filed, court of civil appeals, not court of criminal appeals, had jurisdiction over arrestee's mandamus action seeking return of his automobile, which was seized after he was arrested for drug crime.
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