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| Am. Home Assur. Co. v. Gaylor, 1021565,
SUPREME COURT OF ALABAMA, June 25, 2004, Released
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Overview: Subrogee of injured party was reasonably ascertainable creditor of estate and personal representative had duty to inquire into whether injured party was injured, as the accident caused three deaths and substantial damage to injured party's truck.
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| Barbour v. State, CR-00-1731,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 25, 2004, Released
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Overview: The inmate's postconviction petition was denied, as DNA testing was not relevant. The evidence supporting the conviction for murder committed during rape showed that the inmate was an accomplice, not the actual rapist.
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| Birmingham Pain Ctr., Inc. v. Cosgrove, 2030003,
COURT OF CIVIL APPEALS OF ALABAMA, June 25, 2004, Released
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Overview: Trial court erred in finding the corporation owed additional postjudgment interest, as judgment against corporation should have been deemed satisfied once damage sum was deposited with trial court and corporation tendered postjudgment interest.
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| Boles v. State, CR-03-0474,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 25, 2004, Released
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Overview: A trial court's probation revocation order giving the reasons for revocation as a verdict of guilty on two counts of possession of drugs was insufficient, and remand for a more detailed order giving the evidence relied on was required.
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| Briarcliff Nursing Home, Inc. v. Turcotte, 1012193, 1012195,
SUPREME COURT OF ALABAMA, June 25, 2004, Released
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Overview: As decedents had been bound by arbitration clauses in nursing home's contracts, their executor and administratrix were as well; and as arbitration clauses were not unconscionable, court should have compelled arbitration of wrongful death claims.
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| Brown v. Denson, 1020430,
SUPREME COURT OF ALABAMA, June 25, 2004, Released
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Overview: Independent broker could not compel arbitration of a suit brought by a client for false representations that a disability policy would provide benefits despite her preexisting lupus condition, using an arbitration clause in the policy.
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| Brown v. State, CR-03-0452,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 25, 2004, Released
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Overview: Because there was sufficient evidence that defendant had been driving on public highways just before his arrest in a convenience store parking lot, he gave his consent to have a blood sample taken pursuant to the implied consent statute.
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| Coleman v. State, CR-03-0669,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 25, 2004, Released
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Overview: Unsigned post-conviction motion was unverified and the appeals court dismissed petitioner's appeal, requiring the motion court to allow a reasonable time, not less than 60 days, for him to re-file, relating back to the original date of filing.
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| Craig v. State, CR-02-0812,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 25, 2004, Released
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Overview: Defendant was twice placed in jeopardy where he was convicted of two first-degree robbery charges for one continuous act of robbery against one victim; moreover, his prior trafficking and juvenile convictions were improperly used for enhancement.
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