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| Parrish v. Blazer Fin. Servs., 1010002,
SUPREME COURT OF ALABAMA, May 30, 2003, Released
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Overview: Lender's delayed disclosure of specific date of loan was proper under Truth-in-Lending Act, where initial loan documents in a "check-in-the-mail" loan program stated that the date of the loan would be the date the check was paid by the lender's bank.
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| Pate v. State, CR-02-0719,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 30, 2003, Released
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Overview: Although a trial court's order properly stated the reasons for revoking probation, it failed to sufficiently state the evidence upon which the trial court relied; therefore, the cause had to be remanded.
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| Peraita v. State, CR-01-0289,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 30, 2003, Released
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Overview: In a murder case, the trial court properly excluded defense testimony from prison psychology expert as to defendant's state of mind and process of institutionalization, as it would have been speculation and could have confused issues or misled jury.
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| Perkins v. Johnson, 2020252,
COURT OF CIVIL APPEALS OF ALABAMA, May 30, 2003, Decided
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Overview: Summary judgment was reversed where a question remained regarding the terms of a contract between relatives and a funeral home for a burial. The home's director inserted additional pages that were not signed by the relatives.
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| Pritchett v. State, CR-02-0155,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 30, 2003, Released
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Overview: Appeals court remanded and ordered prisoner's 1984 second-degree robbery guilty pleas to be vacated; original indictment for first-degree robberies did not include essential second-degree element of prisoner being aided by another person present.
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| Rampey v. Novartis Consumer Health, Inc., 1011684,
SUPREME COURT OF ALABAMA, May 30, 2003, Released
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Overview: Consumer could not maintain suit against a drug manufacturer's for breach of implied warranties and economic damages, as no privity of contract existed. Also, the consumer's motion for leave to amend his complaint post-judgment was properly denied.
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| Rander v. State, CR-01-2361,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 30, 2003, Released
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Overview: Although a sufficiency of the evidence claim was unpreserved, where a probation revocation order contained a clerical error relating to a witness's name and did not clearly state the reason for revocation, the matter was remanded.
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| Smith v. State, CR-02-0699,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 30, 2003, Released
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Overview: Where the circuit court failed to adequately state the evidence upon which it relied and its reasons for revoking an probationer's probation, and the State conceded that such was error, remand was ordered for a more complete entry.
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| Straughn v. State, CR-01-1378,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 30, 2003, Released
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Overview: Defendant's motion to suppress was properly denied because the good-faith exception applied. It was reasonable at the time for the issuing magistrate to determine that the affidavit provided a sufficient nexus to search defendant's residence.
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| Wilkerson v. Johnson, 1020329,
SUPREME COURT OF ALABAMA, May 30, 2003, Released
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Overview: Summary judgment for a driver was error where the injured party presented substantial evidence creating a genuine issue of material fact as to whether the driver's negligence caused the accident.
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