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| Ex parte A.R.S., 1051215,
SUPREME COURT OF ALABAMA, August 31, 2007, Released
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Overview: Minor child was properly found not to be dependent under Ala. Code § 12-15-1(10) as to her biological father because while the father had admitted to past drug and alcohol abuse, he had been working at the same job for two years and was renting a mobile home.
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| Ex parte Builders & Contrs. Ass'n of Miss. Self-Insurer's Fund, 2060718,
COURT OF CIVIL APPEALS OF ALABAMA, August 31, 2007, Decided
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Overview: Writ of mandamus was issued as Mississippi self-insurance fund did not purposefully direct its actions at Alabama, or purposefully avail itself of privilege of conducting activities in Alabama for purposes of Ala. R. Civ. P. 4.2(b) since fund did not solicit business in Alabama or offer coverage for Alabama workers' compensation benefits.
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| Ex parte Luker, 1051805,
SUPREME COURT OF ALABAMA, August 31, 2007, Released
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Overview: As trial court failed to mail its judgment against landlord for almost two months, his appeal was dismissed as untimely. As subsequent amendment to Ala. R. Civ. P. 58(c), providing that a judgment was "entered" when the clerk entered it into State Judicial Information System, was remedial, it was applied retroactively to revive landlord's appeal.
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| Feggans v. State, CR-05-2345,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2007, Released
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| Flake v. State, CR-05-0471,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2007, Released
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Overview: Defendant was properly convicted of trafficking in marijuana (Ala. Code §§ 13A-12-231(1) as evidence had been sufficient prove his constructive possession of marijuana in home. He was found near suitcase and plastic bag containing marijuana; the smell of the drug in the house was overwhelming; and he was there when a CI bought drugs at the home.
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| Fox v. State, CR-05-0425,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2007, Released
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Overview: Because defendant's postconviction claim that he was denied counsel at arraignment was not procedurally barred, was sufficiently specific and adequately pled, and was meritorious on its face, the trial court erred in summarily denying the same, entitling defendant to an opportunity to prove his claim.
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| Hardin v. Metlife Auto & Home Ins. Co., 2060523,
COURT OF CIVIL APPEALS OF ALABAMA, August 31, 2007, Released
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Overview: Because an underinsured-motorist insurer filed its subrogation complaint well over two years after the date that its cause of action accrued, its claim was barred by the statute of limitations in Ala. Code § 6-2-38; therefore, the trial court erred in entering a summary judgment in the insurer's favor.
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| Hurth v. Corr. Med. Servs., 2060551,
COURT OF CIVIL APPEALS OF ALABAMA, August 31, 2007, Released
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Overview: Because the hearing on an inmate's postjudgment motions was set outside the 90-day period in Ala. R. Civ. P. 59.1 without consent, the trial court's orders purporting to enter summary judgment were nullities; since the inmate's notice of appeal thereof was untimely under Ala. R. App. P. 4(a)(3), it was dismissed pursuant to Ala. R. App. P. 2(a)(1).
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| J.C.C. v. State, CR-05-1672,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 31, 2007, Decided
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