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| Easterling v. State, CR-01-1526,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 27, 2002, Released
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Overview: Defendant may have been entitled to an out-of-time appeal from the dismissal of his previous petition challenging his guilty plea convictions. Case was remanded with directions to determine when he received a copy of the order denying first petition.
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| Ex parte Brooks, CR-01-1999, CR-01-2000,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 27, 2002, Released
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Overview: Judge who signed search warrant for two people who posed as police officers should have recused himself from presiding over defendants' capital murder trial based on allegation that defendants used search warrant to gain entry to victim's house.
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| Ex parte Hails, CR-01-2135,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 27, 2002, Released
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Overview: Case involving a petitioner for a writ of mandamus charged with capital murder was remanded to the circuit court to hold a bail hearing, at which time petitioner was to be given the opportunity to present evidence in support of his release.
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| Ex parte Hurricane Freddy's, Inc., 1010643,
SUPREME COURT OF ALABAMA, September 27, 2002, Released
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Overview: The appellate court erred in affirming the award of damages, as the purchasers were only entitled to recover damages that naturally and proximately resulted from the closing of the restaurant, not operating income or expenses.
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| Ex parte Spivey, 1011128,
SUPREME COURT OF ALABAMA, September 27, 2002, Released
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Overview: Teacher and supervisor were entitled to summary judgment in action brought by injured student and family, as educating student and supervising that activity were categories specifically included within State-agent immunity.
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| Ex parte Walker, CR-01-2303,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 27, 2002, Released
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Overview: Where a habeas corpus petitioner's bail for his three Class A felonies was substantially higher than the amount recommended in the bail schedule, court of criminal appeals remanded case to circuit court to explain it reasons for setting bail so high.
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| Franklin v. State, CR-01-0812,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 27, 2002, Released
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Overview: Because the State failed to prove an essential element of the charge of third-degree robbery, the threat of imminent use of force that must have been used in the course of committing the theft, defendant's robbery conviction could not stand.
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| Griffin Wood Co. v. Horton, 2010591,
COURT OF CIVIL APPEALS OF ALABAMA, September 27, 2002, Released
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Overview: Workers' compensation claimant was a farm laborer and not entitled to workers' compensation benefits. Employer was not estopped to deny coverage and did not elect to provide claimant with workers' compensation benefits.
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| Harris v. State, CR-00-0818,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 27, 2002, Released
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Overview: Defendant was an accomplice to felony murder and burglary, where he knew principal was planning on robbing someone, followed principal to victim's house, and watched principal hold knife to victim's throat while raping and smothering her.
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