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   State Courts - Alabama - August 29, 2008
  
Ratliff v. Ratliff, 2061036, COURT OF CIVIL APPEALS OF ALABAMA, August 29, 2008, Released
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Overview: A trial court did not exceed its discretion in its division of property and award of alimony in a divorce action because a wife had more than enough income to meet her monthly expenses. Because the parties' monthly gross income exceeded $ 10,000 per month, it could use its discretion in determining child support under Ala. R. Jud. Admin. 32(C).

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Serio v. Serio, 2070105, COURT OF CIVIL APPEALS OF ALABAMA, August 29, 2008, Released
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Overview: Because the trial court did not make an express finding of a father's unfitness when it terminated a pendente lite award in his favor and awarded custody of his child to the maternal grandparents, it erred in denying the father's Ala. R. Civ. P. 59(e) motion to alter, amend, or vacate the judgment.

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Sharp v. State, CR-05-2371, COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2008, Released
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Overview: Under the Barker factors the record did not support a finding that defendant was denied a speedy trial, and there was no plain error (Ala. R. App. P. 45A) in this regard. The majority of the delay was justified delay attributable to defendant and/or to the trial court. However, the sentencing order did not comply with Ala. Code ? 13A-5-47(d).

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Shouldis v. State, CR-06-1425, COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2008, Released
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Overview: Denial of an Ala. R. Crim. P. 32 petition was reversed. Because the State had presented generic evidence of sexual abuse committed by a resident abuser at trial, defendant was entitled to have the jury receive a specific unanimity instruction and defendant was prejudiced by trial counsel's deficient failure to request the instruction.

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State v. Martin, CR-07-0909, COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2008, Released
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Overview: State was entitled to mandamus relief where judge granted Ala. R. Crim. P. 32 petitioner's motion for discovery of prosecutor's files; existence of good cause was not determined. Discovery of trial exhibits was properly granted without good cause showing; exhibits were public records, and Ala. Code ? 36-12-40 permitted viewing of public records.

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State v. McClendon, CR-07-0804, COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2008, Released
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Overview: Where trial court gave the impression it was limiting dismissal of indictment as it related to crime involving theft of currency, due to fatal variance, and not to crime involving theft of check, reindictment pursuant to amendment statutes (Ala. Code ?? 15-8-90, -91) was permissible. Dismissal of second indictment constituted reversible error.

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Thomas v. State, CR-07-0037, COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2008, Released
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Overview: Because the record did not clearly and unambiguously set forth the trial court's reasons for, or the evidence upon which it relied in, revoking defendant's probation, as required by Ala. R. Crim. P. 27.6(f), the case was remanded for a written order in which the evidence relied upon and the reasons for the revocation were specifically stated.

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Thompson v. State, CR-07-0314, COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2008, Released
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Overview: Cause was remanded for an evidentiary hearing on the issue of whether defendant by his absence waived his right under Ala. R. Crim. P. 9.1 to be present at jury selection and at trial because there was no affirmative evidence in the record indicating that defendant had notice of the time and place of the trial after it was rescheduled.

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Turner v. Newsom, 2070095, COURT OF CIVIL APPEALS OF ALABAMA, August 29, 2008, Released
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Overview: Employer and principal were properly granted summary judgment on former employer's breach of contract claim. Her affidavit alleging her decision to overlook principal's alleged immoral behavior was substantial consideration for permanent employment contract lacked enough specificity to create genuine issue of material fact under Ala. R. Civ. P. 56.

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Vallandingham v. State, CR-07-0245, COURT OF CRIMINAL APPEALS OF ALABAMA, August 29, 2008, Released
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Overview: Probation revocation was reversed and remanded because the proceeding did not constitute a probation revocation hearing under Ala. Code ? 15-22-54 and Ala. R. Crim. P. 27.6. No evidence was taken or testimony heard, and the probationer did not waive his right to a hearing under requirements of Ala. R. Crim. P. 27.5(b) and 27.6(c).

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