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| Avery v. Beverly Health & Rehab. Servs., 2021102,
COURT OF CIVIL APPEALS OF ALABAMA, May 28, 2004, Released
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Overview: In retaliatory discharge case, summary judgment in favor of employer was affirmed; decision in unemployment compensation proceeding that worker voluntarily left work estopped her from asserting, in retaliatory discharge case, that she was terminated.
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| Brackin v. Trimmier Law Firm, 1021005, 1021593,
SUPREME COURT OF ALABAMA, May 28, 2004, Released
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Overview: Statements made by co-employees to an investigative auditor within the scope of both of their duties were not "published" because they were all acting as agents of their employer, a credit union; accordingly, defamation claims against them failed.
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| Cain v. Cain, 2020703,
COURT OF CIVIL APPEALS OF ALABAMA, May 28, 2004, Released
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Overview: Where a wife failed to produce sufficient evidence that she complied with the rules regarding proper service of process, the trial court was without personal jurisdiction to enter the contempt judgment against the husband, and that judgment was void.
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| Chaney v. State, CR-03-0170,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 28, 2004, Released
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Overview: Unlawful distribution of a controlled substance and resulting enhanced sentence were both upheld as errors were mostly unpreserved for review. Further, a specific objection to the alleged failure to prove the sentence enhancements was required.
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| Collins v. Ala. Dep't of Corr., CR-03-0285,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 28, 2004, Released
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Overview: Where an inmate sought review from an order from the Alabama Department of Corrections and from a custody reclassification which was not based on his prison conduct, his appeal was transferred to the Court of Appeals.
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| Coral v. State, CR-01-0341,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 28, 2004, Released
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Overview: Petitioner was not entitled to post-conviction relief for alleged ineffective assistance of counsel because, inter alia, he failed to show that the compensation scheme for capital defense attorneys caused counsel's performance to be not competent.
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| D.A. v. Calhoun County Dep't of Human Res., 2021158,
COURT OF CIVIL APPEALS OF ALABAMA, May 28, 2004, Released
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Overview: Record contained ample evidence that mother's mental condition made her unable to care for two children at issue by herself; thus, juvenile court's judgment terminating her parental rights was supported by required clear and convincing evidence.
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| Daniel v. State, CR-02-1542,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 28, 2004, Released
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Overview: Sufficient evidence supported a murder conviction not contrary to weight of evidence, prior convictions properly impeached defendant, and prosecution witness was not an accomplice. Sentencing order lacked findings on all aggravators and mitigators.
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| Douglas v. State, CR-03-0211,
COURT OF CRIMINAL APPEALS OF ALABAMA, May 28, 2004, Released
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Overview: While a trial court properly enhanced defendant's sentence for selling drugs within three miles of a school and public housing project, the trial court failed to order that the enhancements be served consecutively, and resentencing was ordered.
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| Ex parte Baker, 1000999,
SUPREME COURT OF ALABAMA, May 28, 2004, Released
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Overview: Although appellate court properly recognized that six prior incidents of domestic violence were admitted as improper hearsay in defendant's trial for capital murder of his wife, it erroneously concluded that the errors were harmless.
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