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   State Courts - Alabama - September 26, 2003
  
Bryant v. State, CR-02-1556, COURT OF CRIMINAL APPEALS OF ALABAMA, September 26, 2003, Released
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Overview: The denial of a habeas petition was remanded for an evidentiary hearing because the record was insufficient to establish the requisite "some evidence" that a substance seized from an inmate was marijuana.

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Bynum & Livestock Comm'n Co. v. Whisenant, 2010612, COURT OF CIVIL APPEALS OF ALABAMA, September 26, 2003, Released
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Overview: Where an employee worked two to three days per month plus an additional four days each year, the employee's average weekly earnings for workers' compensation purposes was $ 1,000, his earnings in the 52 weeks prior to his injury, divided by 52.

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City of Foley Bd. of Adjustments & Appeals v. H & S Southern Graphics Sys., 1020730, SUPREME COURT OF ALABAMA, September 26, 2003, Released
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Overview: Where the changes a company made in its nonconforming billboards changed the shape and increased the square footage thereof, the changes violated a city ordinance.

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Davis v. State, CR-02-0729, COURT OF CRIMINAL APPEALS OF ALABAMA, September 26, 2003, Released
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Overview: Inmate's motion for postconviction relief was properly denied as it was untimely under the amendment to the time limitations for filing such motion. The intermediate court was required to follow the rules as adopted by the Alabama Supreme Court.

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Ederer v. Ederer, 2020310, COURT OF CIVIL APPEALS OF ALABAMA, September 26, 2003, Released
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Overview: Where a former wife showed that she was unable to meet her expenses on her income and alimony, and that the former husband's income had increased, denial of an increase in alimony to her was an abuse of discretion by the trial court.

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Evans v. State, CR-02-1567, COURT OF CRIMINAL APPEALS OF ALABAMA, September 26, 2003, Released
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Overview: The trial court had jurisdiction to accept a guilty plea to second-degree receiving stolen property because it was a lesser-included charge of first-degree receiving stolen property, the charge for which defendant was indicted.

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Ex parte Buford, 1021372, SUPREME COURT OF ALABAMA, September 26, 2003, Released
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Ex parte USX Corp., 1020684, SUPREME COURT OF ALABAMA, September 26, 2003, Released
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Overview: Where an employee's carpal tunnel syndrome was caused by a one-time acute trauma, the correct burden of proof was a preponderance of the evidence, despite the fact that carpal tunnel syndrome was recognized as a cumulative trauma disorder.

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Farris v. State, CR-02-0469, COURT OF CRIMINAL APPEALS OF ALABAMA, September 26, 2003, Released
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Overview: Where it was not clear from a trial court's order whether it found that defendant's newly discovered evidence was impeachment evidence or was not credible, the matter had to be remanded for clarification.

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Gavin v. State, CR-99-1127, COURT OF CRIMINAL APPEALS OF ALABAMA, September 26, 2003, Released
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Overview: Where appellant had not objected in the trial court to various issues that he raised on appeal, the court indicated that it could review the issues raised because it was a death sentence case, but only under the plain error standard of review.

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