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| Looney v. State, CR-01-0162,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 27, 2002, Released
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Overview: As inmate mislabeled petition for habeas corpus to avoid filing fee, petition did not raise claim that was cognizable in habeas corpus petition but instead asked for injunctive and monetary relief, and transfer to civil appeals court was required.
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| M.B.M. v. State, CR-01-1646,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 27, 2002, Released
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Overview: Probation officer's testimony that a juvenile was arrested for shoplifting was hearsay, and juvenile court erred by relying on that testimony alone as the basis for its order transferring the juvenile to circuit court for trial as an adult.
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| Madden v. State, CR-01-0843,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 27, 2002, Released
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Overview: Trial court properly denied defendant's request to set aside his conviction, as defendant did not attach anything to the relief form setting out the factual basis for his claim that trial court did not have jurisdiction to accept his guilty plea.
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| Mason v. Acceptance Loan Co., 1010563, 1010564,
SUPREME COURT OF ALABAMA, September 27, 2002, Released
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Overview: Arbitration agreements had requisite effect on interstate commerce to bring within arbitration act. Insureds were not insane when signing agreements. Lack of mutuality of remedy was one factor, but not determinative, of unconscionability.
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| Oakwood Mobile Homes v. Carter, 2010100,
COURT OF CIVIL APPEALS OF ALABAMA, September 27, 2002, Released
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Overview: Mobile home sellers' employee's agreement with statement that "the probate judge or somebody" would settle disputes and statement that arbitration clause was for buyers' benefit were not fraud in inducement sufficient to avoid mandatory arbitration.
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| Owens v. State, CR-01-1078,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 27, 2002, Released
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Overview: As hurtful and upsetting statements about impending death of victim's father did not have an increased likelihood of attracting an immediate and violent response, they were not fighting words; thus, defendant's harassment conviction was reversed.
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| Powell v. State, CR-00-2435,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 27, 2002, Released
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Overview: As assault in the first degree was a lesser-included offense of attempted murder, defendant could not constitutionally be convicted of both offenses; thus, the conviction of assault in the first degree was vacated and the case was remanded.
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| Providian Nat'l Bank v. Pritchett, 1010296,
SUPREME COURT OF ALABAMA, September 27, 2002, Released
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Overview: Parties filing class action claims against credit card companies did not opt out of a prior class action raising the same claims, so their claims were barred by res judicata and doctrine of release, and class certification in their action was error.
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| Rumpel v. State, CR-01-0907,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 27, 2002, Released
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Overview: An alien defendant's due process rights were not violated, and his guilty pleas were knowing, intelligent, and voluntary, even though he was not advised that a collateral consequence of pleading guilty was deportation.
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| Sanders v. State, CR-01-1953,
COURT OF CRIMINAL APPEALS OF ALABAMA, September 27, 2002, Released
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Overview: Circuit court erred in denying post-conviction petition as time-barred, where petition raised jurisdictional claims which, if true, entitled petitioner to relief from conviction of possession of pistol after being convicted of violent crime.
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