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   State Courts - Alabama - August 9, 2002
  
Banks v. State, CR-01-0310, COURT OF CRIMINAL APPEALS OF ALABAMA, August 9, 2002, Released
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Overview: Scientific test showing defendant's wife could not have been pregnant was sufficient new evidence to allow defendant to withdraw guilty plea to manslaughter of wife's child, as future jury could find reasonable doubt that murder was committed.

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Browder v. Food Giant, 2010240, COURT OF CIVIL APPEALS OF ALABAMA, August 9, 2002, Released
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Overview: Summary judgment for supermarket was proper where injured patron failed to show parking lot defect was not perceivable using ordinary care or that injured party was naturally distracted from using care to navigate parking lot.

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C.D.W. v. State ex rel. J.O.S., 2010526, COURT OF CIVIL APPEALS OF ALABAMA, August 9, 2002, Released
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Overview: Since paternity and support were juvenile court matters, juvenile procedural rules governed; the father's untimely postjudgment motion did not toll his notice of appeal and deprived the appellate court of jurisdiction.

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Creel v. Creel, 2010249, COURT OF CIVIL APPEALS OF ALABAMA, August 9, 2002, Released
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Overview: The trial court's judgment was proper since its custody decision was based on conflicting evidence, the mother cured an alleged default thereby precluding a contempt award, and the mother successfully defended the action.

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Gatlin v. State, 2010065, COURT OF CIVIL APPEALS OF ALABAMA, August 9, 2002, Released
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Overview: The mere proximity of drugs to cash in defendant's vehicle was insufficient to show defendant's involvement in a drug transaction; defendant presented plausible explanations for the presence of the cash in his vehicle.

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Goolesby v. Wilks, 2010376, COURT OF CIVIL APPEALS OF ALABAMA, August 9, 2002, Released
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Overview: For remittitur, plaintiff must have been given choice of accepting remittitur or of suffering new trial. Trial court was not allowed to have entered judgment for amount less than jury award unless plaintiff consented to remittitur.

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Heard v. State, CR-01-1810, COURT OF CRIMINAL APPEALS OF ALABAMA, August 9, 2002, Released
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Overview: Nunc pro tunc order purporting to continue motion for new trial in criminal case after it was deemed denied by operation of law was void and defendant's notice of appeal was untimely. Thus, appellate court lacked jurisdiction to consider the appeal.

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Horton v. Rasberry, 2010115 and 2010116, COURT OF CIVIL APPEALS OF ALABAMA, August 9, 2002, Released
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Overview: Summary judgment for personal representative was improper where will contestants challenged decedent's testamentary capacity. Decedent erroneously stated in her will that she had five children, when she had six.

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State v. R.R.A., CR-01-1048, COURT OF CRIMINAL APPEALS OF ALABAMA, August 9, 2002, Released
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Overview: Defendant was not eligible for treatment as a youthful offender when he was charged with committing a continuing offense, theft by deception, which was not complete until after his 21st birthday.

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