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| Baird v. State, CR-00-2047,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 28, 2002, Released
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Overview: Intentional murder and felony-murder convictions were affirmed because the trial court did not err in its evidentiary admissions, defendant was permitted to cross-examine witnesses, and an investigator was not a counselor to defendant.
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| Bama's Best Hous. v. Hodges, 1002057,
SUPREME COURT OF ALABAMA, June 28, 2002, Released
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Overview: Agreement requiring customer to arbitrate claims "arising out of " purchase of mobile home required customer to arbitrate claims arising out of dealer's failure to deliver first home even though agreement was signed when second home was delivered.
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| Bass v. State, CR-01-0339,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 28, 2002, Released
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Overview: Where trial court failed to sentence defendant, who had at least three prior felonies, within the mandatory range upon conviction for first-degree theft of property, matter was remanded for resentencing.
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| Belmont Homes v. Law, 1010854,
SUPREME COURT OF ALABAMA, June 28, 2002, Released
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Overview: Manufacturer could compel arbitration with purchaser pursuant to arbitration clause in contract signed by both parties. Merger clause in installation contract was inapplicable to the subject contract; the same parties did not sign both contracts.
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| Boykin v. State, CR-01-1394,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 28, 2002, Released
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Overview: If indictment charging first-degree robbery did not set forth sufficient facts to conclude that defendant was aided in robbery by another participant, then trial court lacked subject matter jurisdiction to accept guilty plea to second-degree robbery.
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| Brookfield Constr. Co. v. Van Wezel, 1010353,
SUPREME COURT OF ALABAMA, June 28, 2002, Released
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Overview: The trial court did not err in denying the motion to compel arbitration since the contractors did not offer specific evidence of the relationship between interstate and local elements involved in the construction of the house.
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| Carpenter v. Mobile County, 1010448,
SUPREME COURT OF ALABAMA, June 28, 2002, Released
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Overview: Where it was unclear whether the county undertook a contractual duty to care for a prisoner in accordance with the laws and jail policies that was greater than its statutory duty, the county was not entitled to dismissal in wrongful death claim.
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| Carthen v. State, CR-01-1087,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 28, 2002, Released
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Overview: Motion to withdraw guilty plea was timely where 30th day after sentencing was a Saturday, the following Monday was a legal holiday, and the motion was filed on the day after the legal holiday. Thus, trial court had jurisdiction to rule on the motion.
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| Cogman v. State, CR-00-2588,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 28, 2002, Released
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Overview: The circuit court was authorized to deny defendant's petitions for postconviction relief without an evidentiary hearing, as the petitions were procedurally barred by court rules.
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