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   State Courts - Alabama - June 24, 2005
  
Aman v. Gilley, 2031166, COURT OF CIVIL APPEALS OF ALABAMA, June 24, 2005, Released
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Overview: While it was within the trial court's discretion to award relief not requested, it erred in awarding a landowner's neighbors an easement by prescription, as they failed to prove adverse use of the property, which was an essential element to establish the same. The mere use of the disputed property for 20 years or more was insufficient.

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Bartlett v. Unistar Leasing, 2031080, COURT OF CIVIL APPEALS OF ALABAMA, June 24, 2005, Released
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Bentley Sys. v. Intergraph Corp., 1031390, 1031458, SUPREME COURT OF ALABAMA, June 24, 2005, Decided
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Overview: Despite a cold appellate record in which a trial was held on stipulated facts without testimony, the appeals court found that a seller was in breach of an asset purchase agreement, and the trial court erred in accepting the buyer's calculation of a promissory note's principal, but remand was ordered to resolve disputed issues and calculate damages.

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Bonner v. State, CR-03-2142, COURT OF CRIMINAL APPEALS OF ALABAMA, June 24, 2005, Released
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Overview: Although prosecutor erred when he produced unopened package of panty hose and placed panty hose over his head during closing arguments, the error was harmless, as trial court's instructions during jury charge that jurors were restricted to considering evidence that come from the witness stand were adequate and evidence of guilt was overwhelming.

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Clemons v. State, CR-01-1355, COURT OF CRIMINAL APPEALS OF ALABAMA, June 24, 2005, Released
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Overview: Defendant's murder conviction and capital sentence were affirmed because, even under the broadest definition of mental retardation, defendant was not mentally retarded, and imposition of the death penalty was not in violation of the Eighth Amendment. Further, defendant failed to show ineffective assistance of appellate counsel.

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Ex parte Alfa Life Ins. Corp., 1040870, SUPREME COURT OF ALABAMA, June 24, 2005, Released
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Overview: Because claims from different insureds did not arise of the same series of transactions or occurrences to make joinder appropriate, and the circumstances surrounding each policy were different, the trial judge erred in denying the insurer's motion to sever the claims for separate trials. Thus, the insurer was entitled to mandamus relief.

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Ex parte Antonucci, 1031175, SUPREME COURT OF ALABAMA, June 24, 2005, Released
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Overview: Where a former president of an HMO was sued for fraud based on his alleged misappropriation of the HMO's funds, as he was the target of a parallel criminal investigation and discovery would endanger his Fifth Amendment right against self-incrimination, trial court erred in denying his motion to stay civil case; he was granted a writ of mandamus.

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Ex parte LaPointe, 1040324, SUPREME COURT OF ALABAMA, June 24, 2005, Released
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Overview: Defendant preserved for appellate review issue of the denial of youthful-offender status; trial judge was procedurally at liberty, even if not previously apprised of reservation feature of plea bargain, to allow that feature to relate back to entry of the plea, as a condition to it, so long as done before conclusion of guilty-plea proceeding.

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Ex parte Parks, 1031714, SUPREME COURT OF ALABAMA, June 24, 2005, Released
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Overview: Defendant's argument in support of his motion for a judgment of acquittal provided trial court with sufficient information to make informed decision regarding his argument that he could not be properly convicted under felony-murder statute; thus, criminal appellate court erred in finding he had not preserved his claim of error for review.

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Ex parte Sharpley, 1031937, SUPREME COURT OF ALABAMA, June 24, 2005, Decided
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Overview: After a certiorari review, a criminal matter was remanded back to the intermediate court for consideration of an inmate's motion to withdraw his guilty plea, even though the inmate failed to state grounds in support of his motion, as he properly invoked his right to appeal, pursuant to Ala. R. Crim. P. 26.9(b)(4)(ii).

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