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   State Courts - Alabama - September 27, 2002
  
Attaway v. State, CR-01-1463, COURT OF CRIMINAL APPEALS OF ALABAMA, September 27, 2002, Released
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Overview: The trial court's order revoking probation did not comply with Alabama Rules of Criminal Procedure or Alabama case law because it did not set out specific evidence on which the trial court relied.

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Bailey v. State, CR-01-1399, COURT OF CRIMINAL APPEALS OF ALABAMA, September 27, 2002, Released
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Overview: Trial court lacked jurisdiction to enter judgment of conviction for second-degree kidnapping or to impose a sentence, where defendant was indicted for attempted first-degree kidnapping, and the trial court, sua sponte, amended the indictment.

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Burgoon v. Burgoon, 2010080, COURT OF CIVIL APPEALS OF ALABAMA, September 27, 2002, Released
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Overview: The trial court erred in dismissing the wife's petition for modification of a divorce judgment, without the benefit of testimony, based on the clean-hands doctrine.

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Byrd v. Lamar, 1011068, SUPREME COURT OF ALABAMA, September 27, 2002, Released
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Overview: Student's testimony that faculty member promised him he would be able to timely complete music media program, while knowing that this promise could not be fulfilled, was sufficient to create jury question as to student's promissory-fraud claim.

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C.M. v. State, CR-01-0873, COURT OF CRIMINAL APPEALS OF ALABAMA, September 27, 2002, Released
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Overview: Juvenile court did not err in refusing to appoint a juvenile counsel at his delinquency hearing, where the court stated that it was not going to commit him to a youth detention facility. Thus, his right to counsel never ripened.

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Calhoun v. State, CR-01-1058, COURT OF CRIMINAL APPEALS OF ALABAMA, September 27, 2002, Released
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Overview: The fact that a probationer was arrested was an insufficient ground for revoking the probationer's probation, and the cause was remanded for the trial court to set aside its order of revocation and conduct a new hearing.

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Chesser v. Amsouth Bank, N.A., 1002021, SUPREME COURT OF ALABAMA, September 27, 2002, Released
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Overview: Trial court did not err in granting bank's motion to compel arbitration as the bank met its burden of proving that the underlying transaction called for arbitration and involved a transaction that substantially affected interstate commerce.

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Clem v. State, CR-01-1363, COURT OF CRIMINAL APPEALS OF ALABAMA, September 27, 2002, Released
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Overview: Double jeopardy principles required setting aside conviction and sentence for one of two counts of first-degree sexual abuse where both convictions were based on testimony that defendant rubbed victim between her legs and on her buttocks one morning.

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Comalander v. Spottswood, 1011020, SUPREME COURT OF ALABAMA, September 27, 2002, Released
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Overview: Where the builder's postjudgment motion raised issues regarding the interpretation of a settlement agreement, and in denying the motion, and the trial court never interpreted the settlement agreement, the denial of the motion was reversed.

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Conseco Fin. Corp.-Alabama v. Salter, 1010657, SUPREME COURT OF ALABAMA, September 27, 2002, Released
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Overview: Due to contract provision that finance company could seek judicial relief to enforce its security agreement without waiving its right to compel arbitration, its action to enforce that agreement did not substantially invoke litigation process.

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