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   State Courts - Alabama - August 27, 2004
  
Mullins v. State, CR-03-0910, COURT OF CRIMINAL APPEALS OF ALABAMA, August 27, 2004, Released
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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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