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   State Courts - Alabama - October 29, 2004
  
Patterson v. Liberty Nat'l Life Ins. Co., 1030830, SUPREME COURT OF ALABAMA, October 29, 2004, Released
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Overview: A life insurer's statutory misrepresentation defense to a beneficiary's breach of contract claim for failing to pay benefits was an affirmative defense that was waived if not properly pled. A jury verdict for the insurer was reversed.

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R.J.S. v. State, CR-03-0537, COURT OF CRIMINAL APPEALS OF ALABAMA, October 29, 2004, Released
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Overview: Trial court erred in imposing an habitual felony offender sentence against defendant where it failed to prove that an Indiana child molestation conviction amounted to a felony if the same were committed in Alabama. Thus, resentencing was ordered.

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Richardson v. State, CR-03-1288, COURT OF CRIMINAL APPEALS OF ALABAMA, October 29, 2004, Released
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Overview: Where trial court stated in revocation of probation order that it revoked defendant's probation based on testimony of defendant, revocation order did not sufficiently state evidence that trial court relied upon in revoking defendant's probation.

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Scroggins v. Johnson, 2030480/2030481/2030482, COURT OF CIVIL APPEALS OF ALABAMA, October 29, 2004, Released
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Overview: Decedent's father, as his sole heir, and his executrix after he died, was entitled to settlement proceeds from a wrongful death lawsuit, regardless of his actions as an heir, and whether or not he served as the administrator of his son's estate.

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State v. Johnson, CR-03-1221, COURT OF CRIMINAL APPEALS OF ALABAMA, October 29, 2004, Released
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Overview: Where delay between defendant's arrest and hearing on defendant's motion to dismiss on speedy trial grounds was 28 months, delay was not presumptively prejudicial. Much of delay was caused by delay in testing drugs, which did not count against State.

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T.P. v. State, CR-03-0574, COURT OF CRIMINAL APPEALS OF ALABAMA, October 29, 2004, Released
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Overview: Allowing social worker to testify about victim's statement to her that defendant touched his "private parts" on several occasions was error, as it was "testimonial hearsay" subject to Confrontation Clause, but error in admitting it was harmless.

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Triplett v. State, CR-02-1383, COURT OF CRIMINAL APPEALS OF ALABAMA, October 29, 2004, Released
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Turner v. Denney, 2030532, COURT OF CIVIL APPEALS OF ALABAMA, October 29, 2004, Released
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Overview: Because the record and judgment were silent as to what standard a trial court applied when it modified custody, reversal of the modification order and a remand for the trial court to evaluate the evidence under the proper standard was required.

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