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| Simpson v. Simpson, 2040869,
COURT OF CIVIL APPEALS OF ALABAMA, June 30, 2006, Released
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Overview: In an appeal from modification of a father's child support obligation, because a mother did not include her testimony in the record on appeal, her testimony was presumed to support the trial court's finding that her income was $ 2,422 per month during the July 16, 2003, through April 15, 2005 period.
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| State v. Davis, CR-05-0985,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 30, 2006, Released
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Overview: Because police officers recovered cocaine during a search of another person, and because defendant was arrested for possessing cocaine rather than for violating the open container ordinance, the trial erred in granting defendant's motion to suppress the cocaine and marijuana.
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| State v. Stovall, CR-04-2268,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 30, 2006, Released
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Overview: Order dismissing indictment was reversed as 41-month delay between defendant's arrest and motion hearing was presumptively prejudicial and delay between indictment and its execution was due to State's negligence, but defendant failed to show prejudice as defendant did not claim that witnesses could not be contacted.
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| State v. White, CR-05-0034,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 30, 2006, Released
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Overview: Case was remanded to trial court for ruling on motion to dismiss for lack of speedy trial as defendant was improperly allowed to show prejudice in ex parte hearing. Given adversarial nature of speedy trial claim, State should have been allowed to respond to defendant's bare allegation that he was prejudiced as witness was no longer available.
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| Taliaferro v. Goff Group, 2040627,
COURT OF CIVIL APPEALS OF ALABAMA, June 30, 2006, Released
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Overview: When an insurance carrier brought suit under Ala. Code § 25-5-88 to determine workers' compensation death benefits, but did not name the worker's dependents as defendants, the dependents were necessary parties under Ala. R. Civ. P. 19. They, not the estate, would benefit if a challenge to the constitutionality of Ala. Code § 25-5-82 was successful.
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| Toler v. Toler, 2040757,
COURT OF CIVIL APPEALS OF ALABAMA, June 30, 2006, Released
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Overview: Trial court erred by dismissing a father's custody-modification petition. By doing so without requiring the mother to meet her burden of proof in light of the Ala. Code § 30-3-169.3(a) factors, the trial court failed to give effect to the presumptions prescribed by the Parent-Child Relationship Protection Act, Ala. Code § 30-3-160 et seq.
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| White v. State, CR-05-0228,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 30, 2006, Released
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Overview: The mere fact that an inmate had been paroled and that his parole had thereafter been violated did not preclude reconsideration of his life sentences under the Habitual Felony Offender Act, but his parole violation could be considered in determining whether he was a non-violent offender and was eligible for resentencing under Ala. Code § 13A-5-9.1.
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| Whitehead v. State, CR-04-2251,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 30, 2006, Released
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Overview: In a death-penalty Ala. R. Crim. P. 32 case, it was error to assume that a waiver of the right to present mitigation evidence was valid and to rely solely on it to reject ineffective assistance claims. The record did not establish what penalty-phase investigation was conducted or show details of counsel's performance regarding the waiver.
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| Zedot Constr., Inc. v. Red Sullivan's Conditioned Air Servs., 1041944,
SUPREME COURT OF ALABAMA, June 30, 2006, Released
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Overview: Defendant had not waived right to arbitrate dispute by filing a motion to dismiss based on statute of limitations defense, which was treated as a summary judgment motion and which was only pleading it filed before asserting the affirmative defense of arbitration in its answer, as this did not constitute substantial invocation of litigation process.
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| Ziade v. Koch, 1050378,
SUPREME COURT OF ALABAMA, June 30, 2006, Released
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Overview: In wrongful death action, defendants were entitled to summary judgment where parents failed to file action within two-year limitations period of Ala. Code § 6-2-38. There was no genuine issue as to when the fetus died, as expert testimony indicated no later than two days before doctor informed the mother; thus, delivery date was not relevant.
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