Alabama, June, 2005, State Case law

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State Courts - Alabama - June 24, 2005

Massey v. Krispy Kreme Doughnut Corp., 2030111, COURT OF CIVIL APPEALS OF ALABAMA, June 24, 2005, Released
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Overview: Trial court erred in granting summary judgment as to retaliatory-discharge claim as evidence presented by the employee was disputed by employer and thus, created genuine issue of material fact; among other things, employee presented testimony she was not rude to bookkeeper or insubordinate to manager, and that manager commonly cursed at employees.

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Muhammad v. Laidlaw Transit, Inc., 2030386, COURT OF CIVIL APPEALS OF ALABAMA, June 24, 2005, Released
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Overview: Trial court properly denied a spouse workers' compensation benefits, concluding that although the decedent employee might have suffered some work-related fatigue and/or stress, the spouse failed to establish that any such fatigue or stress was the proximate cause of a seizure that led to the employee's death, as opposed to other causes.

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Pigg v. State, CR-04-0436, COURT OF CRIMINAL APPEALS OF ALABAMA, June 24, 2005, Released
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Overview: State produced sufficient evidence from which jury could have found that when bank teller read note containing word "kill," she could have reasonably believed defendant had necessary weapon to carry out threats. Resentencing was required, as federal indictments used to sentence defendant as habitual offender charged Class C, not Class A, felonies.

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Powell v. State, CR-03-1923, COURT OF CRIMINAL APPEALS OF ALABAMA, June 24, 2005, Released
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Qualls v. State, CR-03-1551, COURT OF CRIMINAL APPEALS OF ALABAMA, June 24, 2005, Released
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Overview: Given defendant's admission to third-degree escape in violation of Ala. Code ? 13A-10-33, and the overwhelming evidence of his guilt, which the jury apparently believed, the trial court's error in allowing the State to elicit testimony that defendant did not make a statement to police after his arrest was harmless error.

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State v. Garrison, CR-04-0312, COURT OF CRIMINAL APPEALS OF ALABAMA, June 24, 2005, Released
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Overview: Where confidential informant (CI) claimed that specific person had drugs in particular home on unspecified date, that the CI had been inside that home within 24 hours, and that he bought drugs from that person then, which was later corroborated by CI's controlled buy, search warrant was proper, despite inadvertent error in defendant's name.

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