Alabama, July, 2003, State Case law

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State Courts - Alabama - July 18, 2003

Adams v. NaphCare, Inc., 2020312, COURT OF CIVIL APPEALS OF ALABAMA, July 18, 2003, Decided
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Overview: The summary judgment in favor of a health care provider in a prisoner's suit alleging that the clean shave policy of various correctional institutions violated the prisoner's constitutional rights was not a final judgment subject to appeal.

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Brown v. State, CR-02-1037, COURT OF CRIMINAL APPEALS OF ALABAMA, July 18, 2003, Released
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Overview: Defendant had no right to appeal from his guilty plea proceedings where he failed to expressly reserve the right to do so as to a particular issue. Defendant's remedy, if any, was to file a postconviction motion challenging voluntariness of plea.

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Bumpus v. State, CR-02-0964, COURT OF CRIMINAL APPEALS OF ALABAMA, July 18, 2003, Released
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Overview: Where defendant did not file a written notice of appeal when he attempted to appeal the revocation of his probation, the State's motion to dismiss the appeal had to be granted, as the appellate court was not authorized to hear the appeal.

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Carolina Cas. Ins. Co. v. Miss Deanna's Child Care - Med Net, L.L.C., 2020001, COURT OF CIVIL APPEALS OF ALABAMA, July 18, 2003, Released
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Overview: Where premium was accepted on new liability insurance policy five days after previous policy lapsed, there was no coverage for injury during lapsed period, as insurer was entitled to apply premium from the date it was received forward, which it did.

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Ex parte Haralson, 1020783, SUPREME COURT OF ALABAMA, July 18, 2003, Released
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Overview: A sheriff's deputy was entitled to sovereign immunity in an action for damages after he crashed his sheriff's department vehicle into an accident victim because the deputy was on duty where he was delivering evidence to a forensic science department.

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Newman v. Cole, 1012110, SUPREME COURT OF ALABAMA, July 18, 2003, Released
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Overview: Exception to the doctrine of parental immunity was carved out only for those situations where it could be shown, by clear and convincing evidence, that a parent's willful and intentional infliction of injury resulted in the death of his or her child.

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S.E. v. J.D.G., 2020241, COURT OF CIVIL APPEALS OF ALABAMA, July 18, 2003, Released
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Overview: Termination of mother's parental rights was supported by clear and convincing evidence that mother was incarcerated, gave birth to child while imprisoned, and had not seen, supported, or had contact with child since leaving hospital.

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