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| Ex parte E.J.M., 1990510,
SUPREME COURT OF ALABAMA, September 7, 2001, Released
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Overview: Because complaint originated within Alabama Ethics Commission itself, it had to be referred to three-judge panel; no law authorized commission to disclose information to Alabama Attorney General. Subpoena duces tecum was therefore illegal.
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| Ex parte Johnson, 1991943,
SUPREME COURT OF ALABAMA, September 7, 2001, Released
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Overview: Death sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor and trial court properly found aggravating circumstance outweighed mitigating circumstance.
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| Ex parte Meztista, 1991922,
SUPREME COURT OF ALABAMA, September 7, 2001, Released
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Overview: Endorsement on a check, indicating that the payee was not accepting the check as full payment, was not relevant after the payee deposited the check, and the act of depositing the check completed an accord and satisfaction.
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| Ex parte Shelton, 1990366,
SUPREME COURT OF ALABAMA, September 7, 2001, Released
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Overview: Insurer did not meet its burden of proving existence of valid contract containing agreement to arbitrate insured's claim against it for selling insured worthless policy. Whether parties agreed to arbitration was governed by state contract law.
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| Ex parte State Bd. of Pardons & Paroles, 1001072,
SUPREME COURT OF ALABAMA, September 7, 2001, Released
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Overview: Although the grand jury's investigative powers were broad, they were limited where the board of pardon and paroles had an absolute privilege to provide individuals an opportunity to provide information without exposing them.
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| Johns v. A.T. Stephens Enters., 1991710,
SUPREME COURT OF ALABAMA, September 7, 2001, Released
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Overview: Award of punitive damages in conspiracy-to-defraud case was not excessive where award was sufficient to punish similar misconduct and to deter further misconduct, without compromising corporations' due process rights.
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| McCord-Baugh v. Birmingham City Bd. of Educ., 2991398,
COURT OF CIVIL APPEALS OF ALABAMA, September 7, 2001, Released
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Overview: Lawsuit asserting school board breached employment contract each pay period by paying employee on the wrong salary schedule and alleging equal protection violation was barred by the applicable statute of limitations.
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| S. Energy Homes Retail Corp. v. McCool, 1991764,
SUPREME COURT OF ALABAMA, September 7, 2001, Released
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Overview: Petition for writ of mandamus was granted and writ of mandamus was issued in a case arising out of a sale by manufactured home seller to manufactured home buyer as the trial court did not fashion arbitration order according to parties' agreement.
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| Shelter Mut. Ins. Co. v. Barton, 1991157,
SUPREME COURT OF ALABAMA, September 7, 2001, Released
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Overview: Since passenger was not entitled to pre-verdict judgment on her breach of contract claim against insurer, she could not maintain bad-faith claim against insurer, and was not entitled to mental anguish damages for insurance policy breach.
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