Alabama, September, 2003, State Case law

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State Courts - Alabama - September 26, 2003

Akins Funeral Home, Inc. v. Miller, 1020198, 1020224, SUPREME COURT OF ALABAMA, September 26, 2003, Released
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Overview: Consultant with an extensive education in the field of grief counseling and in the traumatic effects induced by loss was properly permitted to testify as an expert witness. Compensatory and punitive damages awards were upheld.

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Allen v. Stephens, 2020363, COURT OF CIVIL APPEALS OF ALABAMA, September 26, 2003, Decided
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Overview: Liability of landlord, for renting premises in dangerous condition constituting nuisance, did not exist in favor of tenant, servants, guests, or others entering under tenant's title, and owners were only liable for known and concealed latent defects.

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Anderson v. State, CR-02-0181, COURT OF CRIMINAL APPEALS OF ALABAMA, September 26, 2003, Released
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Overview: Although defendant's prior manslaughter conviction was relevant and admissible to prove a pistol possession charge, it was not relevant to prove an assault charge; thus, consolidation of the charges prevented a fair assault trial.

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Auburn Med. Ctr., Inc. v. E. Ala. Health Care Auth., 2010786, 2010787, COURT OF CIVIL APPEALS OF ALABAMA, September 26, 2003, Released
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Overview: Where legislation enacted after appeals were filed rendered the issues raised moot, a decision for either party would not affect whether a health authority could purchase an MRI machine; therefore, the appeals were dismissed.

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B.S.L. v. S.E., 2020569, COURT OF CIVIL APPEALS OF ALABAMA, September 26, 2003, Released
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Overview: Where a mother recognized her drug and alcohol problem, voluntarily sought treatment, and was successful in her recovery for two years, the father failed to satisfy his burden of proof to support a modification of custody.

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Benton v. State, CR-02-1152, COURT OF CRIMINAL APPEALS OF ALABAMA, September 26, 2003, Released
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Overview: Where the circuit court failed to sufficiently state the reasons it relied upon in revoking a probationer's term of probation, and failed to state that it was satisfied that a pending charge against him was true, remand was ordered.

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Berryman v. Adams, 2010991, COURT OF CIVIL APPEALS OF ALABAMA, September 26, 2003, Released
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Overview: When divorce order required decedent's life insurance for his children, a constructive trust could not be imposed on benefits paid as order did not identify a specific policy and children's vested interest and unjust enrichment were not shown.

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Boyd v. State, CR-02-1623, COURT OF CRIMINAL APPEALS OF ALABAMA, September 26, 2003, Released
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Boyd v. State, CR-02-0037, COURT OF CRIMINAL APPEALS OF ALABAMA, September 26, 2003, Released
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Overview: Postconviction procedural bars applied equally to death penalty cases, and appellate court only considered denial of original postconviction petition, not amended petition, where no objection was raised below to failure to rule on amended petition.

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Bradley v. Miller, 1012133, SUPREME COURT OF ALABAMA, September 26, 2003, Released
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Overview: Where a medical expert's testimony with respect to the issue of causation in a patient's medical malpractice action was based on pure speculation, such did not create a genuine issue of material fact; summary judgment for the doctor was proper.

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