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| Ray v. State, CR-02-1473,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 27, 2004, Released
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Overview: Circuit court lacked subject matter jurisdiction to deny defendant's petitions for postconviction relief where it did not grant his requests to proceed in forma pauperis and he never paid a filing fee.
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| Robert v. City of Opelika, CR-03-0315,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 27, 2004, Released
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Overview: Defendant's harassing communications conviction was upheld, where the city court clerk timely filed the paperwork for his appeal, he was not entitled to a continuance in the circuit court, and the issue of venue was for the jury to decide.
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| Rutledge v. Freeman, 2030086,
COURT OF CIVIL APPEALS OF ALABAMA, August 27, 2004, Decided
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Overview: Summary judgment for a lawyer was reversed as a client presented sufficient evidence to create a jury issue as to whether his malpractice suit against his lawyer had been fraudulently concealed by the lawyer, tolling the statute of limitations.
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| SCI Ala. Funeral Servs. v. Lanyon, 1030337,
SUPREME COURT OF ALABAMA, August 27, 2004, Released
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Overview: Administrator had to submit his negligence, wantonness, and tort of outrage claims against mortuary to arbitration, as claims arose out of embalming process anticipated in purchase agreement. He was third-party beneficiary of agreement.
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| Shaver v. State, CR-02-0773,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 27, 2004, Released
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| State v. Rodgers, CR-03-1095,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 27, 2004, Released
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Overview: A continued lengthy detention of defendant on a traffic stop before the officer issued a citation did not invalidate defendant's consent to search his car; suppression of evidence found during that search was error.
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| Taylor v. State, CR-02-0706,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 27, 2004, Released
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Overview: Appeals court affirmed denial of double, capital murder defendant's post-conviction relief petition; evidence supported lower court's determination that counsel were not ineffective. Plain error review did not apply to post-conviction claim review.
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| Tomlin v. State, CR-98-2126,
COURT OF CRIMINAL APPEALS OF ALABAMA, August 27, 2004, Released
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| Vesta Fire Ins. Corp. v. Milam & Co. Constr., Inc., 1021196, 1021310, 1021324, 1021327, 1021255, 1021326, 1021328,
SUPREME COURT OF ALABAMA, August 27, 2004, Released
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Overview: Viewing record most favorably to two insurers, their culpability in a loss of evidence was relatively low range along a continuum of fault. Furthermore, there was no complete destruction of material evidence; rather, a significant evidence remained.
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