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| Blackmon v. State, CR-01-2126,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 25, 2006, Released
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Overview: Defendant's capital murder conviction for the beating death of her child, in violation of Ala. Code § 13A-5-40(a)(15), was upheld on appeal where no trial court error occurred with regard to the admission of evidence and the substantial evidence indicated that defendant beat the two-year-old to death with a pool cue and then stomped on her chest.
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| Collins v. Overstreet, 2050207,
COURT OF CIVIL APPEALS OF ALABAMA, August 25, 2006, Released
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Overview: Judgment for buyer was affirmed as even if fee owners' family and sellers intended equitable mortgage, there was no evidence that debt secured by mortgage was paid for purposes of Ala. Code § 35-10-26 before sellers reconveyed property. Reconveyance deed indicated that payment was consideration and reservation of hunting rights was not void.
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| Conner v. State, CR-05-0898,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 25, 2006, Released
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Overview: Case was remanded with direction to address merits as trial court erred in summarily dismissing defendant's claim that he was convicted of attempted robbery under Ala. Code §§ 13A-4-2 and 13A-8-41, which did not exist when offense was committed, since claim was jurisdictional and was not procedurally barred under Ala. R. Crim. P. 32.2.
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| Culver v. State, CR-05-0512,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 25, 2006, Released
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Overview: Defendant's challenges to indictments for burglary and attempted murder failed as Alabama Constitution and Code of Alabama were source of trial court's subject-matter jurisdiction. Therefore, challenges to indictments were not jurisdictional claims, and, as they were not raised at trial and on appeal, they were barred under Ala. R. Crim. P. 32.2.
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| Davis v. State, CR-03-2086,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 25, 2006, Released
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Overview: Appellate court denied the petitioner's application for rehearing after it had affirmed the trial court's judgment denying his Ala. R. Crim. P. 32 petition for postconviction relief; petitioner's claim of ineffective assistance of trial counsel was considered and addressed by the trial court, and, thus, that claim was procedurally barred.
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| Edwards v. Edwards, 2040987,
COURT OF CIVIL APPEALS OF ALABAMA, August 25, 2006, Released
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Overview: Where wife appealed trial court's ruling on Ala. R. Civ. P. 60(b) motion that default judgment in divorce was final, default judgment was not final and could not support relief from judgment motion or appeal. Court did not direct entry of final judgment under Ala. R. Civ. P. 54(b), and it had not decided paternity, custody, or support as to child.
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| English v. State, CR-05-0424,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 25, 2006, Released
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| Ex parte Cintas Corp., 1050266,
SUPREME COURT OF ALABAMA, August 25, 2006, Released
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Overview: State supreme court found the nonsignatories were not entitled to relief that they sought and denied their petition for writ of mandamus that would direct the trial court to enforce a forum-selection clause and grant their motion to dismiss; wording of limited forum selection clause in relevant contract meant nonsignatories could not enforce it.
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| Ex parte Woods, 1040143,
SUPREME COURT OF ALABAMA, August 25, 2006, Released
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Overview: Where inmate in postconviction proceeding filed second amended petition within limitations period of Ala. R. Crim. P. 32.2(c) and addressed concerns raised by State and by inmate's trial counsel, inmate's petition did not cause actual prejudice or undue delay as required for dismissal of petition under Ala. R. Crim. P. 32.
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