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| Hanna v. State, CR-01-0333,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 28, 2002, Released
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Overview: Trial court erred in dismissing the petitioner's application for writ of habeas corpus, as it challenged the legality of his sentence, it should have been treated as an Ala. R. Crim. P. 32 petition and transferred to the court of conviction.
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| James River Corp. v. Franklin, 2000875,
COURT OF CIVIL APPEALS OF ALABAMA, June 28, 2002, Released
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Overview: Substantial evidence, including testimony of the worker, a vocational counselor, and six doctors, supported trial court's finding that the worker sustained a permanent total disability; trial court's misstatements of evidence were harmless errors.
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| Johnson v. Johnson, 2001027,
COURT OF CIVIL APPEALS OF ALABAMA, June 28, 2002, Released
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Overview: Due to the wife's limited financial resources, the trial court did not err in awarding her alimony; it was rehabilitative and not in gross. However, due to her status it was error to award the husband his attorney's fees.
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| K.D.H. v. State, CR-00-2081,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 28, 2002, Released
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Overview: Delinquency adjudication on rape and sodomy charges was upheld, where juvenile court properly found child victim was unavailable and statement of abuse was corroborated by her injuries and testimony of the mother, doctor, and social worker.
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| Marlowe v. State, CR-00-2146,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 28, 2002, Released
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Overview: Where 75-year old victim was hospitalized due to head injury inflicted in robbery, and five months later suffered from headaches and other symptoms, there was sufficient evidence of serious physical injury to support first degree robbery conviction.
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| P.G. v. G.H., 2000815,
COURT OF CIVIL APPEALS OF ALABAMA, June 28, 2002, Released
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Overview: Appellee lacked standing under the Alabama Uniform Parentage Act to prove his paternity, although DNA test showed he was the child's biological father, where mother's husband, the presumed father, persisted in maintaining his parental status.
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| Palmore v. First Unum, 1010802,
SUPREME COURT OF ALABAMA, June 28, 2002, Released
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Overview: Alabama Supreme Court declined to answer certified question from the federal court asking it to interpret whether the Alabama tort of bad faith regulated insurance under ERISA. This would have required state court's interpretation of federal law.
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| Phelps v. State, CR-01-0186,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 28, 2002, Released
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Overview: Where jury was told of witness's potential bias due to possible favorable treatment if she assisted law enforcement, trial court did not abuse its discretion by limiting defendant's cross-examination or refusing to admit defense exhibits.
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| Pratt Capital v. Boyett, 1001653,
SUPREME COURT OF ALABAMA, June 28, 2002, Released
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Overview: Trial court erred in allowing seller to amend complaint after entry of judgment against original defendant, adding creditor as party, where seller was not granted leave, court did not grant the same, and there was no appeal of original judgment.
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