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   State Courts - Alabama - October 1, 2004
  
Alpine Assoc. Indus. Servs. v. Smitherman, 2030134, COURT OF CIVIL APPEALS OF ALABAMA, October 1, 2004, Released
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Overview: Trial court erred in entering partial summary judgment holding that an employer was liable for medical expenses for an employee's back pain; there was an issue of fact on whether the back pain was a new injury or an aggravation of a previous injury.

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Anderson v. Amberson, 2030544, COURT OF CIVIL APPEALS OF ALABAMA, October 1, 2004, Released
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Overview: Homeowner's claim that release was unenforceable as it was procured by economic duress failed as, although homeowner signed release under financial necessity, there was no evidence of wrongful act by contractors that induced homeowner to sign it.

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Barrett v. Wright, 2030235, COURT OF CIVIL APPEALS OF ALABAMA, October 1, 2004, Released
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Overview: Trial court committed prejudicial error by conducting an in camera interview of a child in a custody matter outside the presence of counsel without having obtained the consent of all the parties. Thus, a mother's right to due process was violated.

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Beavers v. State, CR-03-1590, COURT OF CRIMINAL APPEALS OF ALABAMA, October 1, 2004, Released
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Overview: Summary dismissal of postconviction petition was error where it was unclear if crimes occurred before or after effective date of juvenile statutes and was also unclear as to petitioner's age at time of crimes or time of effective date of statutes.

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Bluffs Owners Ass'n v. Adams, 2030110, COURT OF CIVIL APPEALS OF ALABAMA, October 1, 2004, Released
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Overview: Order granting easement by necessity and by implication across association's land was error and was reversed where property owner failed to show that only means of access was over association's land or that such route was reasonably necessary.

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Bradley v. State, CR-03-0453, COURT OF CRIMINAL APPEALS OF ALABAMA, October 1, 2004, Released
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Overview: Second-degree assault was not a lesser-included offense of first-degree robbery and, as a result, defendant's conviction for second-degree assault after having been indicted for robbery in the first degree required reversal.

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Brooks v. State, CR-02-0788, COURT OF CRIMINAL APPEALS OF ALABAMA, October 1, 2004, Released
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Cherry v. State, CR-02-0374, COURT OF CRIMINAL APPEALS OF ALABAMA, October 1, 2004, Released
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Overview: In multiple murder case, defendant's self-serving declarations that missing witnesses would have given testimony favorable to him were insufficient to establish that he was actually and substantially prejudiced by pre-indictment delay of 37 years.

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Ex parte First Western Bank, 1031235, SUPREME COURT OF ALABAMA, October 1, 2004, Released
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Overview: Court lacked personal jurisdiction over bank in consumer's Telephone Consumer Protection Act case, where independent sales organization (ISO) was bank's alleged agent. Consumer's vague agency allegation was not proper claim that ISO was bank's agent.

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Ex parte Nationwide Mut. Fire Ins. Co. , 1030824, SUPREME COURT OF ALABAMA, October 1, 2004, Released
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Overview: Insurer's statement from its insured was work product as it was taken in anticipation of litigation based on information that insured was free from liability, injured party's vehicle had little damage, and injured party was alleging serious injury.

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