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| Anders v. Kennedy, 2030680,
COURT OF CIVIL APPEALS OF ALABAMA, October 29, 2004, Released
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Overview: Summary judgment was properly awarded to department of industrial relations in suit for unemployment benefits for a certain week because employee was barred from seeking benefits for week prior to calendar week in which he first applied for benefits.
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| Burl v. State, CR-03-0542,
COURT OF CRIMINAL APPEALS OF ALABAMA, October 29, 2004, Released
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Overview: The inmate's motion for reconsideration of the inmate's sentence under the Alabama Habitual Felony Offender Act was not properly before the trial court because the trial court did not originally sentence the inmate.
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| Burns v. State, CR-03-1443,
COURT OF CRIMINAL APPEALS OF ALABAMA, October 29, 2004, Released
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Overview: Appeal of the denial of an inmate's motion for reconsideration of his sentence was dismissed because the circuit court's denial of the motion was void as the inmate filed the motion in the wrong circuit court.
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| Cole v. State, CR-03-0500,
COURT OF CRIMINAL APPEALS OF ALABAMA, October 29, 2004, Released
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Overview: Where trial court erred by quashing subpoenas directed to the remaining jurors, whose testimony supported defendant's claim that a single juror was not mentally competent to serve, the matter was remanded for rehearing on his mistrial motion.
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| Dailey v. Ala. Bd. of Pardons & Paroles, CR-03-0890,
COURT OF CRIMINAL APPEALS OF ALABAMA, October 29, 2004, Released
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Overview: Because an inmate was convicted and sentenced in a different circuit court from the one in which he filed a motion for reconsideration, the circuit court lacked jurisdiction to rule on the motion, and its summary denial of the motion was void.
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| Disch v. Hicks, 1030403, 1030404, 1030405, 1030758,
SUPREME COURT OF ALABAMA, October 29, 2004, Released
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Overview: Class certification order was reversed; the trial court failed to follow the rigorous requirements under both a statute and the rules of civil procedure in certifying a class for settlement purposes, and failed to hold a certification hearing.
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| Edwards v. State, CR-03-1258,
COURT OF CRIMINAL APPEALS OF ALABAMA, October 29, 2004, Released
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Overview: Defendant's robbery conviction was vacated because, under the facts of the case, robbery was a lesser-included offense of felony murder. In light of constitutional guarantee against double jeopardy, he could not have been convicted of both offenses.
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| Ex parte Vance, 1030450,
SUPREME COURT OF ALABAMA, October 29, 2004, Released
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Overview: Petition for writ of mandamus quashing appellate writ directing judge to finalize an order was granted; Alabama Worker's Compensation Act did not require judge to finalize ruling in favor of employer before resolving other issues raised by employee.
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| Ex parte Williamson, 1030406,
SUPREME COURT OF ALABAMA, October 29, 2004, Released
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Overview: Because an assisted living facility did not object to hearsay testimony about door alarms not being on, it was properly considered by hearing officer in hearing on revocation of facility's license. Issue was not preserved for circuit court's review.
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