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| Adams v. State, CR-05-1593,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 3, 2006, Released
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Overview: Because defendant received probation pursuant to a conditional plea agreement, compliance with the conditions set forth in the agreement was an implicit condition of probation. Failure to comply with the conditions of defendant's plea agreement constituted a violation of probation, and the trial court properly revoked his probation on that ground.
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| Bedell v. Quality Cas. Ins. Co., 2050516,
COURT OF CIVIL APPEALS OF ALABAMA, November 3, 2006, Released
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Overview: In a negligence action, the court, ex mero motu, dismissed the injured party's appeal because the injured party did not file her appeal, as required by Ala. R. App. P. 4(a)(1), before 42 days had elapsed from the date of the entry of summary judgment in favor of the insurance company.
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| Capone v. Capone, 2050212,
COURT OF CIVIL APPEALS OF ALABAMA, November 3, 2006, Released
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Overview: Evidence, telephone calls between husband and friend, wife's suspicion, and fact husband visited friend's apartment after separation, was not sufficiently strong to support conclusion of adultery. Award of husband's military-retirement benefits was reversed because wife did not present evidence of what portion were accumulated during marriage.
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| Carlisle v. State, CR-05-1191,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 3, 2006, Released
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Overview: Defendant could not be sentenced to concurrent terms for two felony-murder convictions involving the same victim, as such violated double jeopardy. Hence, remand was warranted for the trial court to enter a new order that adjudged defendant guilty of the victim's murder and sentenced him for that single offense.
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| City of Bessemer v. McClain, 1031917,
SUPREME COURT OF ALABAMA, November 3, 2006, Released
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Overview: As Ala. Code § 12-2-14 was invalid to the extent that it improperly restricted the Chief Justice of the Alabama Supreme Court's power under Ala. Const. amend. IV, § 149 to appoint special justices to serve temporarily on the supreme court, the Chief Justice validly assigned a special justice to serve after another justice recused himself.
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| Ex parte Int'l Ref. & Mfg. Co., 1051017,
SUPREME COURT OF ALABAMA, November 3, 2006, Released
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Overview: Court properly ordered defendants to provide plaintiffs a list of records defendants had subpoenaed from nonparty, despite their claim the list was protected as "opinion work product," because plain language of Ala. R. Civ. P. 45(a)(3)(D) required defendants to provide plaintiffs a "duplicate of such copies" that defendants obtained from nonparty.
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| Hiller Invs. v. Insultech Group, Inc., 1051024,
SUPREME COURT OF ALABAMA, November 3, 2006, Released
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Overview: Trial court erred in granting defendant's motion to dismiss plaintiff's breach of contract action because sufficient minimum contacts existed between plaintiff, which was headquartered in Florida, and Alabama arising from the negotiation of the contract in question for long-arm jurisdiction to exist under Ala. R. Civ. P. 4.2(b).
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| Lindsay v. State, 2050649,
COURT OF CIVIL APPEALS OF ALABAMA, November 3, 2006, Released
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Overview: Order denying an owner's request for the return of property seized incident to a criminal proceeding was reversed, and the case was remanded, to determine the owner's interest in the property sought, and to declare the specific items of property, if any, that should be returned to him or his agent which was not connected to said proceeding.
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| Powers v. State, CR-05-0489,
COURT OF CRIMINAL APPEALS OF ALABAMA, November 3, 2006, Released
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Overview: Where the State presented sufficient evidence that defendants accepted $ 1,200 from a client to install a lawn sprinkler system, defendants never performed the work, and other similar failures to perform were testified to, such actions fell within the definition of theft of property as defined by Ala. Code §§ 13A-8-2 and 13A-8-3.
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