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| Hinson v. State, CR-07-0216,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 26, 2008, Released
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| Jackson v. State, CR-06-1019,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 26, 2008, Released
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| Jones v. State, CR-06-0980,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 26, 2008, Released
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Overview: Revocation of defendant's probation in two cases was error because revocation proceedings were not initiated prior to five year maximum probationary period set forth in Ala. Code § 15-22-54(a). Trial court's extensions of probation for defendant to pay money as ordered as a condition of probation did not toll the maximum period of probation.
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| K.A.P. v. D.P., 2070611,
COURT OF CIVIL APPEALS OF ALABAMA, September 26, 2008, Released
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Overview: Judgment terminating father's parental rights was affirmed as father was serving life sentence for murder, and was unable to discharge responsibilities under Ala. Code § 26-18-7(a). Father's concession that he could not have custody while he was incarcerated was admission that it was not in their best interests for him to maintain custody rights.
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| Leonard v. Cunningham, 2070276,
COURT OF CIVIL APPEALS OF ALABAMA, September 26, 2008, Released
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Overview: Denial of driver's motion for judgment as a matter of law in personal injury case was error because, inter alia, driver presented evidence that motorist ran stop sign, and motorist presented no evidence as to how he could have struck driver's vehicle, and failed to present substantial evidence to withstand motion pursuant to Ala. Code § 12-21-12.
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| Mills v. State, CR-06-2246,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 26, 2008, Released
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Overview: Because defendant's death sentence was not the result of the influence of passion, prejudice, or any other arbitrary factor, because the aggravating circumstances outweighed the mitigating circumstances, and because the sentence was not disproportionate or excessive, pursuant to Ala. Code §§ 13A-5-47(d), 13A-5-53(b)(1), (b)(3), it was affirmed.
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| Montgomery County Dep't of Human Res. v. C.R., 2070486,
COURT OF CIVIL APPEALS OF ALABAMA, September 26, 2008, Released
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Overview: Judgment was affirmed as placement of children with maternal grandmother was not viable alternative to termination of mother's parental rights as grandmother was properly excluded as custodian since she had had her children removed from her, had not been able to maintain consistent residence, and suffered from schizophrenia and depression.
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| Ravenel v. Burnett, 2070401,
COURT OF CIVIL APPEALS OF ALABAMA, September 26, 2008, Released
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Overview: Summary judgment was reversed as there were fact issues as to probable cause and malice for malicious prosecution claim since almost all evidence as to husband's past conduct was in conflict. Husband testified that wife tacitly admitted to affair, and owner did not claim that husband threatened his life on date in question.
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| Smith v. Smith, 2070435,
COURT OF CIVIL APPEALS OF ALABAMA, September 26, 2008, Released
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Overview: Because a trial court's order ostensibly granting a father's postjudgment motion in part was not a ruling on the merits, because the parties did not expressly consent to an extension, and because the appellate court did not grant of an extension, pursuant to Ala. R. Civ. P. 59.1, Ala. R. App. P. 2(a)(1), the father's notice of appeal was untimely.
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