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| Durr v. State, CR-99-2641,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 25, 2001, Released
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Overview: Trial court's order revoking defendant's probation was insufficient where trial court failed to provide in its order the evidence and reasons it relied on for revocation.
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| Ex parte Lewis, 1000397,
SUPREME COURT OF ALABAMA, May 25, 2001, Released
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Overview: Indictment of defendant for second degree assault did not include element of charge: that he intended to cause physical injury. Omission was jurisdiction defect and could not be waived by failing to raise issue at trial.
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| Ex parte McDonald, 1000591,
SUPREME COURT OF ALABAMA, May 25, 2001, Released
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Overview: Petition for writ of mandamus denied where trial court properly granted county commission's motion to change venue, under statute, to county where accident occurred.
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| Ex parte Mobile County Dep't of Human Res., 1992252,
SUPREME COURT OF ALABAMA, May 25, 2001, Released
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Overview: In nonrenewal of day and night care licenses, dismissal of state claims against state agencies and employees, in official capacities, and all federal claims, was required, but state claims could proceed against employees in individual capacities.
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| Ex parte Steadman, 1992155,
SUPREME COURT OF ALABAMA, May 25, 2001, Released
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Overview: Summary judgment for title company in contract action for failing to find tax lien was error. Issues of fact existed as to whether lender contracted with title company as homeowners' agent or whether homeowners were third-party beneficiaries.
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| Fletcher v. State, CR-97-1059,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 25, 2001, Released
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Overview: On remand, intermediate appellate court, which was to remand matter to trial court for further proceedings, did so, with additional instructions to inquire into defendant's restitution ability by asking what became of stolen money.
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| Gulf Caribe Mar. v. Mobile County Revenue Comm'r, 2991299,
COURT OF CIVIL APPEALS OF ALABAMA, May 25, 2001, Released
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Overview: Barge and tugboat owner did not show tax situs in jurisdiction other than one imposing tax, and taxing state provided vessels opportunities, benefits, and protection due process clause required as taxation prerequisite, so state's tax was valid.
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| Hallman v. Hallman, 2000175,
COURT OF CIVIL APPEALS OF ALABAMA, May 25, 2001, Released
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Overview: Husband defended wife's action to enforce divorce judgment by arguing fraud; however, husband failed to seek to modify or set aside divorce judgment based on alleged fraud; thus, trial court did not err in refusing to modify judgment.
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| Harris v. State, CR-00-0736,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 25, 2001, Released
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Overview: Court erred in summarily dismissing postconviction relief petition which stated claims that, if true, entitled defendant to relief, and in absence of a transcript, neither State in its answer nor court in its order could refute those claims.
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