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| Smith v. State, CR-05-0144,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 29, 2006, Released
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Overview: Police officer had not established sufficient reasonable suspicion for detaining defendant after issuing a citation for a misdemeanor and defendant should have been released pursuant to Ala. Code § 32-1-4(a). Information that defendant at some point in time had been involved with drugs was not enough for continued detention.
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| Solomon v. Liberty Nat'l Life Ins. Co., 1040816, 1040926, 1040927, 1040928,
SUPREME COURT OF ALABAMA, September 29, 2006, Released
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Overview: As insureds' claims against an insurer were a collateral attack on a settlement in a prior case over which court had reserved continuing jurisdiction, court lacked subject-matter jurisdiction to adjudicate insureds' claims in the second case. Court's order consolidating the cases under Ala. R. Civ. P. 42 did not merge them into a single action.
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| State v. Smith, CR-03-1549,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 29, 2006, Released
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Overview: Delay of more than seven years from issuance of arrest warrant to time of trial was presumptively prejudicial and triggered necessity for trial court to examine remaining Barker factors. Trial court should have examined remaining Barker factors before ruling that defendant was denied a speedy trial, and case was remanded for that consideration.
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| Stinson v. State, CR-05-0229,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 29, 2006, Decided
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Overview: Since failure to file a timely notice of appeal was not defendant's fault, trial court was correct in granting defendant's Ala. R. Crim. P. 32 motion for out-of-time appeal. Also, remand was necessary to bestow jurisdiction on trial court, which was in the best position to make any findings of fact regarding defendant's motion for new trial.
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| Wallace v. State, CR-05-0351,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 29, 2006, Released
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Overview: Circuit court's summary denial of most of defendant's claims in his petition for postconviction relief was proper as his claims were procedurally barred by Ala. R. Crim. P. 32.2, insufficiently pleaded, or without merit. However, the cause was remanded for the circuit court to determine whether a prior conviction of defendant was pardoned.
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| White v. Drivas, 2050041,
COURT OF CIVIL APPEALS OF ALABAMA, September 29, 2006, Decided
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Overview: Trial court erred in granting defendant summary judgment on plaintiff's conversion claim under Ala. R. Civ. P. 56. While there was no evidence indicating that defendant's initial taking of plaintiff's property was wrongful, there was genuine issue of material fact as to whether his requirements for returning plaintiff's property were reasonable.
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