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   State Courts - Alabama - October 25, 2002
  
A.C.M. v. State, CR-00-2473, COURT OF CRIMINAL APPEALS OF ALABAMA, October 25, 2002, Released
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Overview: Trial court properly admitted rape victim's responses to police questions, even though seven hours passed since crime occurred, as rape victim was unconscious most of that time, and responses were made shortly after she regained consciousness.

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B.S.L. v. S.E., 2010711, COURT OF CIVIL APPEALS OF ALABAMA, October 25, 2002, Decided
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Overview: The trial court erred as a matter of law in finding that the inherent disruption caused by a modification of custody did not exist because the father had maintained pendente lite custody of the child for in excess of two years.

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Cotney v. Vines, 2010401, COURT OF CIVIL APPEALS OF ALABAMA, October 25, 2002, Released
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Overview: In mother and son's negligence suit against individual after automobile accident, mother should have been allowed to testify as to her opinion about her vehicle's value before and after accident even though she did not have opinion during deposition.

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Cross v. Cross, 2010572, COURT OF CIVIL APPEALS OF ALABAMA, October 25, 2002, Released
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Overview: The husband failed to preserve for review any issue regarding the division of the wedding gifts, as he did not raise that issue in his postjudgment motion.

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Dial v. Bond, 2011008, COURT OF CIVIL APPEALS OF ALABAMA, October 25, 2002, Released
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Overview: Even if the trial court had believed that the parties' predecessors had agreed that the boundary line was an old fence, it would not, without more, have been authorized to establish the boundary line as something other than the section line.

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Draper v. State, CR-00-2191, COURT OF CRIMINAL APPEALS OF ALABAMA, October 25, 2002, Released
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Overview: As no record evidence indicated to whom the frequent rescheduling in defendant's trial was attributable, the appellate court could not determine whether defendant's right to a speedy trial was violated, so it remanded case for evidentiary hearing.

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Dutton v. State, CR-01-0938, COURT OF CRIMINAL APPEALS OF ALABAMA, October 25, 2002, Released
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Overview: The evidence from a telephone conversation with defendant informing the victim where he could find his stolen computer equipment was insufficient to support defendant's burglary conviction.

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Ex parte Winn-Dixie Montgomery, 2010765, COURT OF CIVIL APPEALS OF ALABAMA, October 25, 2002, Released
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Overview: Workers' compensation claimant did not have to file separate motion to set aside settlement based on fraud, newly discovered evidence, or other good cause, as agreement was rejected by trial court within 60 days of when it was signed.

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Finney v. State, CR-01-0079, COURT OF CRIMINAL APPEALS OF ALABAMA, October 25, 2002, Released
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Overview: In drug trafficking case, omission of defendant's name and date from one indictment count was not fatal, Batson motion was properly denied, objections to prosecutor's comments were not preserved, and new trial motion was erroneously heard.

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Fort James Operating Co. v. Thompson, 2010620, COURT OF CIVIL APPEALS OF ALABAMA, October 25, 2002, Released
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Overview: Although the employee was entitled to workers' compensation benefits, the trial court erred in calculating the amount of the benefits, in awarding attorney's fees instead of deducting them, and in awarding costs to the employee.

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