Recent Decisions from Alabama - The Public Library of Law

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Decision Date
1. Thompson v. Richey, No. 2070305 (Ala. Civ. App. 5/28/2010) (Ala. Civ. App., 2010) May 28, 2010 The prior judgment of this court has been reversed and the cause remanded by the Supreme Court of Alabama. Ex parte Thompson, [Ms. 1080041, March 5, 2010] ___ So. 3d ___ (Ala... ... ... 2010). On remand to this court and in compliance with the supreme court's opinion, we reverse the trial court's order granting Kristopher Eric Richey unsupervised visitation with the parties' minor child, and we remand the cause to the trial court to issue an order consistent with the supreme court's opinion......
2. Alabama State Personnel Board v. Miller, No. 2080895 (Ala. Civ. App. 5/28/2010) (Ala. Civ. App., 2010) May 28, 2010 The opinion of February 5, 2010, is withdrawn, and the following is substituted therefor... ... ... On December 23, 2005, the Alabama Department of Mental Health and Mental Retardation, now known as the Department of Mental Health ("DMH"), terminated Jeffrey Miller's employment as a Mental Health Worker I for allegedly abusing a patient at the Taylor Hardin Secure Medical Facility ("Taylor Hardin"). Miller appealed the decision to the Alabama State Personnel Board ("the...
3. Blackston v. Alabama Department of Revenue, No. 2080916 (Ala. Civ. App. 5/28/2010) (Ala. Civ. App., 2010) May 28, 2010 James R. Blackston appeals from a judgment of the Walker Circuit Court that dismissed his appeal to that court from the decision of the Walker County Board of Equalization ("the Board") denying Blackston an opportunity to protest the... ... ... Board's 2008 valuation of certain real property Blackston owned. We reverse and remand... The record discloses that at all times pertinent to this appeal Blackston owned a parcel of improved real property in Walker County. On June 24, 2008, the...
4. Baker v. Kennedy, No. 2080920 (Ala. Civ. App. 5/28/2010) (Ala. Civ. App., 2010) May 28, 2010 The opinion of February 26, 2010, is withdrawn, and the following is substituted therefor... In October 1999, following a two-year relationship, Shawn... ... ... Michael Kennedy ("Kennedy") and Anna Kennedy ("the mother") married. When the couple married, the mother already had a son, R.K. ("the child"), who was born during a previous relationship with Stephen Christopher Baker ("Baker"). In November 1999, Kennedy and the mother filed a declaration of...
5. Alabama Department of Revenue v. National Peanut Festival Association, Inc., No. 2080986 (Ala. Civ. App. 5/28/2010) (Ala. Civ. App., 2010) May 28, 2010 This is the second time these parties have been before this court regarding the proper amount of amusement taxes due from The National Peanut Festival Association, Inc. ("the taxpayer"), for the tax years 2004 and 2005. See Alabama... ... ... Dep't of Revenue v. National Peanut Festival Ass'n, Inc., 11 So. 3d 821 (Ala. Civ. App. 2008) ("Peanut Festival"). In the first appeal, this court reversed a judgment entered by the Houston Circuit Court ("the trial court")...
6. Lighting and Lamp Corporation v. Athens Lofts, L.L.C., No. 2081029 (Ala. Civ. App. 5/28/2010) (Ala. Civ. App., 2010) May 28, 2010 Lighting and Lamp Corporation ("Lighting and Lamp"), the plaintiff below, appeals from a judgment in favor of Athens Lofts, L.L.C. ("Athens Lofts"), one of the defendants below. We affirm... ... ... Between August 2006 and June 2007, Lighting and Lamp, a supplier of electrical fixtures and supplies, sold Jones-Williams Construction Co., Inc. ("Jones-Williams"), a construction company that had contracted with Athens Lofts to perform work on a building owned by Athens...
7. Hildreth v. State, No. 2081079 (Ala. Civ. App. 5/28/2010) (Ala. Civ. App., 2010) May 28, 2010 The State of Alabama ("the State") filed a complaint seeking the forfeiture of a 2000 BMW automobile (hereinafter "the vehicle") allegedly owned by Johnnie Hildreth. In its complaint, the State alleged that Latorey Ivory had used the vehicle to traffic cocaine, and, therefore, the State alleged... ... ... that the vehicle was subject to forfeiture pursuant to § 20-2-93, Ala. Code 1975. Hildreth answered and denied knowledge of any criminal activity in connection with the...
8. Chancy v. Chancy Lake Homeowners Association, Inc., No. 2081154 (Ala. Civ. App. 5/28/2010) (Ala. Civ. App., 2010) May 28, 2010 Beverly Chancy appeals from summary judgments entered by the Autauga Circuit Court ("the trial court"). We affirm in part and reverse in part... ... ... Facts and Procedural History... On February 25, 2008, Chancy filed a complaint in the trial court against Johnson Properties, L.L.C., Wayne M. Johnson, Chancy Lakes Homeowners Association, Inc., Brad Wiggins, Kathleen Wiggins, Cedric Butler, Bridgette Butler, Joseph A. Wolf, Cathee W. Wolf, Roger P. Traywick, Andrea Traywick, Scott...
9. R.B.S. v. K.M.S., No. 2090027 (Ala. Civ. App. 5/28/2010) (Ala. Civ. App., 2010) May 28, 2010 R.B.S. ("the former wife") appeals from the judgment of the Baldwin Circuit Court enforcing a settlement agreement between the former wife and K.M.S. ("the former husband"). We affirm... ... ... Facts and Procedural History... In 2002, the former husband petitioned the trial court for a divorce. The former husband also filed a motion for temporary custody of the parties' two minor children ("the children") and for a restraining order preventing the former wife from...
10. J.W. v. T.D., No. 2090042 (Ala. Civ. App. 5/28/2010) (Ala. Civ. App., 2010) May 28, 2010 J.W. ("the father") appeals from a judgment of the Houston Juvenile Court ("the juvenile court") insofar as it found his two children, Ba.R.W. and Br.R.W. ("the children"), to be dependent and awarded custody of the children to T.D.,... ... ... the maternal uncle of the children ("the uncle"), and B.D., the uncle's wife ("the aunt")... The father and K.W. ("the mother") were married in 2000. The mother had a daughter, Br.D., from a previous...
11. Ex parte Pierson, No. 2090085 (Ala. Civ. App. 5/28/2010) (Ala. Civ. App., 2010) May 28, 2010 Joseph E. Pierson, who was employed by the Jefferson County Roads and Transportation Department ("the Department")... ... ... as a traffic-striping machine operator, was terminated from his employment with the Department on September 19, 2007. Pierson appealed the termination to the Jefferson County Personnel Board ("the Board"). After a two-day hearing, the hearing officer determined in his report and recommendation that Pierson should be reinstated and that Pierson should be...
12. Rush v. East Bay Electric, LLC, No. 2090168 (Ala. Civ. App. 5/28/2010) (Ala. Civ. App., 2010) May 28, 2010 Hugh Rush appeals from an order of the Mobile Circuit Court ("the trial court") denying Rush's motion to set aside an earlier judgment entered by the trial court approving a... ... ... workers' compensation settlement between Rush and East Bay Electric, LLC ("East Bay"). We affirm... Procedural History... On April 15, 2009, Rush and East Bay filed a "joint petition for approval of settlement" in the trial court. In that petition, Rush alleged that he had been injured in...
13. Ingram v. State, No. CR-03-1707 (Ala. Crim. App. 5/28/2010) (Ala. Crim. App., 2010) May 28, 2010 In accordance with the Alabama Supreme Court's opinion in Ex parte Ingram, [Ms. 1060413, March 19, 2010] ___ So. 3d ___ (Ala. 2010), we reverse the circuit court's judgment and... ... ... remand this case to that court for proceedings that are consistent with the Alabama Supreme Court's opinion... REVERSED AND REMANDED... Welch, Windom, Kellum, and Main, JJ., concur...
14. Phillips v. State, No. CR-06-1577 (Ala. Crim. App. 5/28/2010) (Ala. Crim. App., 2010) May 28, 2010 On November 18, 2002, Bobby O'Lee Phillips and his codefendant, Oscar Roy Doster, were arrested near Ozona, Texas, on outstanding Alabama fugitive arrest warrants, bringing an end to a crime spree that began when Phillips,... ... ... Doster, and two other inmates escaped from the custody of the Covington County jail two weeks earlier on November 4, 2002. Over the two-week period that Phillips and Doster were at large, they murdered Paul LeMaster, as well as committed numerous property crimes at...
15. Green v. State, No. CR-08-0352 (Ala. Crim. App. 5/28/2010) (Ala. Crim. App., 2010) May 28, 2010 Jason Michael Green appeals his convictions for three counts of second-degree arson, violations of § 13A-7-42, Ala. Code 1975, and one count of second-degree theft of property, a violation of § 13A-8-4, Ala. Code 1975... ... ... A Montgomery County grand jury issued an indictment charging Green with six counts of second-degree arson and one count of second-degree theft of property. Count I charged Green with second-degree arson for a fire that burned a barn belonging to John McNeil...
16. Little v. State, No. CR-08-0634 (Ala. Crim. App. 5/28/2010) (Ala. Crim. App., 2010) May 28, 2010 On the authority of Ex parte Little, [Ms. 1081819, March 19, 2010] ___ So. 3d ___ (Ala. 2010), we remand this cause to the Mobile Circuit Court for that court to vacate Little's... ... ... conviction for second-degree receiving stolen property in accordance with the Alabama Supreme Court's opinion... REMANDED WITH DIRECTIONS... Wise, P.J., and Welch, Windom, and Kellum, JJ., concur...
17. Tariq-Madyun v. State, No. CR-08-1176 (Ala. Crim. App. 5/28/2010) (Ala. Crim. App., 2010) May 28, 2010 Kaleem Ariff Tariq-Madyun was charged with and convicted of six counts of first-degree robbery, see § 13A-8-41, Ala. Code 1975. The trial court sentenced Tariq-Madyun to serve 6 consecutive terms of 25 years' imprisonment. The trial court... ... ... ordered Tariq-Madyun to pay an assessment of $300 to the Crime Victims Compensation Fund and to pay court costs, attorney fees, and restitution... Tariq-Madyun does not challenge the sufficiency of the evidence. The State's evidence established...
18. Roberts v. State, No. CR-08-1229 (Ala. Crim. App. 5/28/2010) (Ala. Crim. App., 2010) May 28, 2010 Barbara Ann Roberts appeals her convictions for two counts of murder made capital because the murder occurred during a kidnapping, see § 13A-5-40 (a) (1), Ala. Code 1975; for intentional murder, see § 13A-6-2, Ala. Code 1975; and for... ... ... first-degree robbery, see § 13A-8-41, Ala. Code 1975. She was sentenced, as to the capital-murder convictions, to life imprisonment without the possibility of parole, the sentences to run concurrently; to life imprisonment as to the...
19. State v. McClure, No. CR-08-1730 (Ala. Crim. App. 5/28/2010) (Ala. Crim. App., 2010) May 28, 2010 The State of Alabama appeals the Montgomery Circuit Court's July 6, 2009, order granting Thomas L. McClure's motion to suppress all evidence obtained during a traffic stop. On April 3, 2009, the Montgomery County grand jury... ... ... issued an indictment charging McClure with one count of possession of a controlled substance, a violation of 13A-12-212(a)(1), Ala. Code 1975; one count of possession of drug paraphernalia, a violation of § 13A-12-260(c), Ala. Code 1975; and one count of...
20. Hinkle v. State, No. CR-08-1778 (Ala. Crim. App. 5/28/2010) (Ala. Crim. App., 2010) May 28, 2010 This Court's opinion of March 26, 2010, is hereby withdrawn and the following opinion is substituted therefor... ... ... The appellant, Allen Hinkle, was convicted of one count of murder, a violation of § 13A-6-2, Ala. Code 1975, and one count of attempted murder, a violation of §§ 13A-4-2 and 13A-6-2, Ala. Code 1975. The trial court sentenced Hinkle to life imprisonment for the murder conviction and to 99 years' imprisonment for the attempted-murder conviction. Hinkle was also...

Decision Date

1. Thompson v. Richey, No. 2070305 (Ala. Civ. App. 5/28/2010) (Ala. Civ. App., 2010)

May 28, 2010

The prior judgment of this court has been reversed and the cause remanded by the Supreme Court of Alabama. Ex parte Thompson, [Ms. 1080041, March 5, 2010] ___ So. 3d ___ (Ala... ... ... 2010). On remand to this court and in compliance with the supreme court's opinion, we reverse the trial court's order granting Kristopher Eric Richey unsupervised visitation with the parties' minor child, and we remand the cause to the trial court to issue an order consistent with the supreme court's opinion......

2. Alabama State Personnel Board v. Miller, No. 2080895 (Ala. Civ. App. 5/28/2010) (Ala. Civ. App., 2010)

May 28, 2010

The opinion of February 5, 2010, is withdrawn, and the following is substituted therefor... ... ... On December 23, 2005, the Alabama Department of Mental Health and Mental Retardation, now known as the Department of Mental Health ("DMH"), terminated Jeffrey Miller's employment as a Mental Health Worker I for allegedly abusing a patient at the Taylor Hardin Secure Medical Facility ("Taylor Hardin"). Miller appealed the decision to the Alabama State Personnel Board ("the...

3. Blackston v. Alabama Department of Revenue, No. 2080916 (Ala. Civ. App. 5/28/2010) (Ala. Civ. App., 2010)

May 28, 2010

James R. Blackston appeals from a judgment of the Walker Circuit Court that dismissed his appeal to that court from the decision of the Walker County Board of Equalization ("the Board") denying Blackston an opportunity to protest the... ... ... Board's 2008 valuation of certain real property Blackston owned. We reverse and remand... The record discloses that at all times pertinent to this appeal Blackston owned a parcel of improved real property in Walker County. On June 24, 2008, the...

4. Baker v. Kennedy, No. 2080920 (Ala. Civ. App. 5/28/2010) (Ala. Civ. App., 2010)

May 28, 2010

The opinion of February 26, 2010, is withdrawn, and the following is substituted therefor... In October 1999, following a two-year relationship, Shawn... ... ... Michael Kennedy ("Kennedy") and Anna Kennedy ("the mother") married. When the couple married, the mother already had a son, R.K. ("the child"), who was born during a previous relationship with Stephen Christopher Baker ("Baker"). In November 1999, Kennedy and the mother filed a declaration of...

5. Alabama Department of Revenue v. National Peanut Festival Association, Inc., No. 2080986 (Ala. Civ. App. 5/28/2010) (Ala. Civ. App., 2010)

May 28, 2010

This is the second time these parties have been before this court regarding the proper amount of amusement taxes due from The National Peanut Festival Association, Inc. ("the taxpayer"), for the tax years 2004 and 2005. See Alabama... ... ... Dep't of Revenue v. National Peanut Festival Ass'n, Inc., 11 So. 3d 821 (Ala. Civ. App. 2008) ("Peanut Festival"). In the first appeal, this court reversed a judgment entered by the Houston Circuit Court ("the trial court")...

6. Lighting and Lamp Corporation v. Athens Lofts, L.L.C., No. 2081029 (Ala. Civ. App. 5/28/2010) (Ala. Civ. App., 2010)

May 28, 2010

Lighting and Lamp Corporation ("Lighting and Lamp"), the plaintiff below, appeals from a judgment in favor of Athens Lofts, L.L.C. ("Athens Lofts"), one of the defendants below. We affirm... ... ... Between August 2006 and June 2007, Lighting and Lamp, a supplier of electrical fixtures and supplies, sold Jones-Williams Construction Co., Inc. ("Jones-Williams"), a construction company that had contracted with Athens Lofts to perform work on a building owned by Athens...

7. Hildreth v. State, No. 2081079 (Ala. Civ. App. 5/28/2010) (Ala. Civ. App., 2010)

May 28, 2010

The State of Alabama ("the State") filed a complaint seeking the forfeiture of a 2000 BMW automobile (hereinafter "the vehicle") allegedly owned by Johnnie Hildreth. In its complaint, the State alleged that Latorey Ivory had used the vehicle to traffic cocaine, and, therefore, the State alleged... ... ... that the vehicle was subject to forfeiture pursuant to § 20-2-93, Ala. Code 1975. Hildreth answered and denied knowledge of any criminal activity in connection with the...

8. Chancy v. Chancy Lake Homeowners Association, Inc., No. 2081154 (Ala. Civ. App. 5/28/2010) (Ala. Civ. App., 2010)

May 28, 2010

Beverly Chancy appeals from summary judgments entered by the Autauga Circuit Court ("the trial court"). We affirm in part and reverse in part... ... ... Facts and Procedural History... On February 25, 2008, Chancy filed a complaint in the trial court against Johnson Properties, L.L.C., Wayne M. Johnson, Chancy Lakes Homeowners Association, Inc., Brad Wiggins, Kathleen Wiggins, Cedric Butler, Bridgette Butler, Joseph A. Wolf, Cathee W. Wolf, Roger P. Traywick, Andrea Traywick, Scott...

9. R.B.S. v. K.M.S., No. 2090027 (Ala. Civ. App. 5/28/2010) (Ala. Civ. App., 2010)

May 28, 2010

R.B.S. ("the former wife") appeals from the judgment of the Baldwin Circuit Court enforcing a settlement agreement between the former wife and K.M.S. ("the former husband"). We affirm... ... ... Facts and Procedural History... In 2002, the former husband petitioned the trial court for a divorce. The former husband also filed a motion for temporary custody of the parties' two minor children ("the children") and for a restraining order preventing the former wife from...

10. J.W. v. T.D., No. 2090042 (Ala. Civ. App. 5/28/2010) (Ala. Civ. App., 2010)

May 28, 2010

J.W. ("the father") appeals from a judgment of the Houston Juvenile Court ("the juvenile court") insofar as it found his two children, Ba.R.W. and Br.R.W. ("the children"), to be dependent and awarded custody of the children to T.D.,... ... ... the maternal uncle of the children ("the uncle"), and B.D., the uncle's wife ("the aunt")... The father and K.W. ("the mother") were married in 2000. The mother had a daughter, Br.D., from a previous...

11. Ex parte Pierson, No. 2090085 (Ala. Civ. App. 5/28/2010) (Ala. Civ. App., 2010)

May 28, 2010

Joseph E. Pierson, who was employed by the Jefferson County Roads and Transportation Department ("the Department")... ... ... as a traffic-striping machine operator, was terminated from his employment with the Department on September 19, 2007. Pierson appealed the termination to the Jefferson County Personnel Board ("the Board"). After a two-day hearing, the hearing officer determined in his report and recommendation that Pierson should be reinstated and that Pierson should be...

12. Rush v. East Bay Electric, LLC, No. 2090168 (Ala. Civ. App. 5/28/2010) (Ala. Civ. App., 2010)

May 28, 2010

Hugh Rush appeals from an order of the Mobile Circuit Court ("the trial court") denying Rush's motion to set aside an earlier judgment entered by the trial court approving a... ... ... workers' compensation settlement between Rush and East Bay Electric, LLC ("East Bay"). We affirm... Procedural History... On April 15, 2009, Rush and East Bay filed a "joint petition for approval of settlement" in the trial court. In that petition, Rush alleged that he had been injured in...

13. Ingram v. State, No. CR-03-1707 (Ala. Crim. App. 5/28/2010) (Ala. Crim. App., 2010)

May 28, 2010

In accordance with the Alabama Supreme Court's opinion in Ex parte Ingram, [Ms. 1060413, March 19, 2010] ___ So. 3d ___ (Ala. 2010), we reverse the circuit court's judgment and... ... ... remand this case to that court for proceedings that are consistent with the Alabama Supreme Court's opinion... REVERSED AND REMANDED... Welch, Windom, Kellum, and Main, JJ., concur...

14. Phillips v. State, No. CR-06-1577 (Ala. Crim. App. 5/28/2010) (Ala. Crim. App., 2010)

May 28, 2010

On November 18, 2002, Bobby O'Lee Phillips and his codefendant, Oscar Roy Doster, were arrested near Ozona, Texas, on outstanding Alabama fugitive arrest warrants, bringing an end to a crime spree that began when Phillips,... ... ... Doster, and two other inmates escaped from the custody of the Covington County jail two weeks earlier on November 4, 2002. Over the two-week period that Phillips and Doster were at large, they murdered Paul LeMaster, as well as committed numerous property crimes at...

15. Green v. State, No. CR-08-0352 (Ala. Crim. App. 5/28/2010) (Ala. Crim. App., 2010)

May 28, 2010

Jason Michael Green appeals his convictions for three counts of second-degree arson, violations of § 13A-7-42, Ala. Code 1975, and one count of second-degree theft of property, a violation of § 13A-8-4, Ala. Code 1975... ... ... A Montgomery County grand jury issued an indictment charging Green with six counts of second-degree arson and one count of second-degree theft of property. Count I charged Green with second-degree arson for a fire that burned a barn belonging to John McNeil...

16. Little v. State, No. CR-08-0634 (Ala. Crim. App. 5/28/2010) (Ala. Crim. App., 2010)

May 28, 2010

On the authority of Ex parte Little, [Ms. 1081819, March 19, 2010] ___ So. 3d ___ (Ala. 2010), we remand this cause to the Mobile Circuit Court for that court to vacate Little's... ... ... conviction for second-degree receiving stolen property in accordance with the Alabama Supreme Court's opinion... REMANDED WITH DIRECTIONS... Wise, P.J., and Welch, Windom, and Kellum, JJ., concur...

17. Tariq-Madyun v. State, No. CR-08-1176 (Ala. Crim. App. 5/28/2010) (Ala. Crim. App., 2010)

May 28, 2010

Kaleem Ariff Tariq-Madyun was charged with and convicted of six counts of first-degree robbery, see § 13A-8-41, Ala. Code 1975. The trial court sentenced Tariq-Madyun to serve 6 consecutive terms of 25 years' imprisonment. The trial court... ... ... ordered Tariq-Madyun to pay an assessment of $300 to the Crime Victims Compensation Fund and to pay court costs, attorney fees, and restitution... Tariq-Madyun does not challenge the sufficiency of the evidence. The State's evidence established...

18. Roberts v. State, No. CR-08-1229 (Ala. Crim. App. 5/28/2010) (Ala. Crim. App., 2010)

May 28, 2010

Barbara Ann Roberts appeals her convictions for two counts of murder made capital because the murder occurred during a kidnapping, see § 13A-5-40 (a) (1), Ala. Code 1975; for intentional murder, see § 13A-6-2, Ala. Code 1975; and for... ... ... first-degree robbery, see § 13A-8-41, Ala. Code 1975. She was sentenced, as to the capital-murder convictions, to life imprisonment without the possibility of parole, the sentences to run concurrently; to life imprisonment as to the...

19. State v. McClure, No. CR-08-1730 (Ala. Crim. App. 5/28/2010) (Ala. Crim. App., 2010)

May 28, 2010

The State of Alabama appeals the Montgomery Circuit Court's July 6, 2009, order granting Thomas L. McClure's motion to suppress all evidence obtained during a traffic stop. On April 3, 2009, the Montgomery County grand jury... ... ... issued an indictment charging McClure with one count of possession of a controlled substance, a violation of 13A-12-212(a)(1), Ala. Code 1975; one count of possession of drug paraphernalia, a violation of § 13A-12-260(c), Ala. Code 1975; and one count of...

20. Hinkle v. State, No. CR-08-1778 (Ala. Crim. App. 5/28/2010) (Ala. Crim. App., 2010)

May 28, 2010

This Court's opinion of March 26, 2010, is hereby withdrawn and the following opinion is substituted therefor... ... ... The appellant, Allen Hinkle, was convicted of one count of murder, a violation of § 13A-6-2, Ala. Code 1975, and one count of attempted murder, a violation of §§ 13A-4-2 and 13A-6-2, Ala. Code 1975. The trial court sentenced Hinkle to life imprisonment for the murder conviction and to 99 years' imprisonment for the attempted-murder conviction. Hinkle was also...

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