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| Maye v. State, CR-03-0426,
COURT OF CRIMINAL APPEALS OF ALABAMA, October 1, 2004, Released
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Overview: Decedent victim's statements were properly admitted under the state of mind exception to the hearsay rule. But, defendant could not be convicted of two counts of murder, as he committed but one offense, as such amounted to double jeopardy.
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| McGhee v. State, CR-03-1261,
COURT OF CRIMINAL APPEALS OF ALABAMA, October 1, 2004, Released
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Overview: Case was remanded for a new revocation order as the order revoking defendant's probation did not set forth the specific evidence the trial court relied upon in making its decision that defendant had violated the conditions of his probation.
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| Padgett v. Conecuh County Comm'n, 1021381, 1021465,
SUPREME COURT OF ALABAMA, October 1, 2004, Released
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Overview: Trial court did not err in barring a county commission from using court fee and lodging tax proceeds to demolish an old courthouse and build a new one. But, the commission retained the discretion regarding the use of the same for a new jail.
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| Pope v. State, CR-03-0693,
COURT OF CRIMINAL APPEALS OF ALABAMA, October 1, 2004, Released
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Overview: Where a trial court ordered that defendant be given credit for the jail time he served pending trial, but did not give him such credit, and it was unclear how much credit he was entitled to, case was remanded for a determination of the proper credit.
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| Providian Nat'l Bank v. Conner, 1021496,
SUPREME COURT OF ALABAMA, October 1, 2004, Released
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Overview: Where a debtor failed to show that an arbitration provision in an agreement with her credit card company was invalid or did not apply to a dispute with the creditor, the trial court erred in denying the creditor's motion to compel arbitration.
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| Quinlan v. Jones, 2030621,
COURT OF CIVIL APPEALS OF ALABAMA, October 1, 2004, Released
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Overview: As inmate supported assault and battery claim against corrections officer with affidavits of fellow inmates, officer was not entitled to summary judgment on grounds of state-agent immunity as there was fact issue as to whether he acted maliciously.
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| State v. Skaggs, CR-03-1378,
COURT OF CRIMINAL APPEALS OF ALABAMA, October 1, 2004, Released
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Overview: Once defendant was placed under arrest on an outstanding warrant, the search of his vehicle was valid as a search incident to a lawful arrest; therefore, the trial court erred in suppressing the marijuana evidence found in the vehicle.
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| Turner v. Westhampton Court, L.L.C., 1030423,
SUPREME COURT OF ALABAMA, October 1, 2004, Released
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Overview: Summary judgment was reversed on homeowners' negligence claim, as a contractor did not raise its claim below that it was not a builder as defined by the statute setting forth the discovery rule for certain torts.
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| Walker v. State, CR-03-0226,
COURT OF CRIMINAL APPEALS OF ALABAMA, October 1, 2004, Released
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Overview: Defendant did not show that reports of his capital murder case inflamed community; thus his case did not warrant presumption of prejudice based on pretrial publicity. Judge failed to make written findings of aggravating and mitigating circumstances.
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