Justia Alabama Supreme Court Opinion Summaries
Articles Posted in Constitutional Law
Norris v. Fayette County Commission
Hubert Norris appealed the grant of summary judgment entered in favor of the Fayette County Commission and the dismissal of his petition for a writ of mandamus. Because the trial court correctly held that, as a matter of law, Norris did not meet the statutory requirements to be appointed a supernumerary sheriff, Norris was not entitled to the mandamus relief he requested. Accordingly, the Supreme Court concluded trial court did not err in entering a summary judgment in favor of the Commission and in dismissing Norris's petition for a writ of mandamus. View "Norris v. Fayette County Commission " on Justia Law
Gaddy v. Brascho
Jamie Gaddy appealed a circuit court judgment that dismissed with prejudice Gaddy's medical-malpractice action against certified nurse anesthetist Lisa Brascho. According to Gaddy, the reason she requested the dismissal of her trial court case against Brascho was to seek appellate review of the trial court's decision granting Brascho's motion in limine. However, the Supreme Court has previously stated that "where the plaintiff knowingly and willingly agrees to a stipulation of dismissal, he has no standing to appeal." Therefore, based on Gaddy's failure to demonstrate to the Supreme Court that it had jurisdiction over Gaddy's appeal, the Court dismissed the appeal. View "Gaddy v. Brascho " on Justia Law
Lanier v. McMath Construction, Inc.
John Lanier appealed the denial of his motion to alter, amend, or vacate a judgment, and for relief from the judgment. Lanier's motion was filed after plaintiff McMath Construction, Inc. filed a "Notice of Filing of Foreign Judgment" pursuant to the Uniform Enforcement of Foreign Judgments Act ("the UEFJA"). After careful consideration, the Alabama Supreme Court concluded that under Louisiana law (the foreign jurisdiction), McMath did not properly serve Lanier. Therefore, a preliminary default judgment and the Louisiana judgment were void. Because the Louisiana judgment was void, the trial court erred when it denied Lanier's motion for relief from judgment. Accordingly, the Supreme Court reversed the trial court and remanded this case for further proceedings. View "Lanier v. McMath Construction, Inc. " on Justia Law
The Water Works & Sewer Board of the City of Prichard v. The Board of Water & Sewer Commissioners of the city of Mobile
The Water Works and Sewer Board of the City of Prichard appealed the grant of summary judgment in favor of the Board of Water and Sewer Commissioners of the City of Mobile d/b/a Mobile Area Water and Sewer Service System in a declaratory and injunctive relief action. The dispute centered on the Mobile Water Board's planned takeover of the water and sewer systems currently being operated by the Prichard Water Board. "Because Amendment No. 863 affected only Mobile County, the legislature should have followed the procedure in section 284.01 instead of the procedure in section 284, and that noncompliance with 284.01 invalidated Amendment No. 863 in spite of any compliance with section 284." The Supreme Court reversed and remanded. The Supreme Court did not address all other arguments raised by the parties, and remanded the case for further proceedings. View "The Water Works & Sewer Board of the City of Prichard v. The Board of Water & Sewer Commissioners of the city of Mobile" on Justia Law
Alabama vs. Henderson
In petitions for a writ of mandamus, two juvenile offenders sought dismissal of capital-murder indictments based on "Roper v. Simmons," (543 U.S. 551 (2005)), and "Miller v. Alabama," (132 S.Ct. 2455 (2012)). Both juveniles argued that Alabama's capital-murder statute was unconstitutional as applied to them because the mandatory sentencing structure provides that all defendants charged with a capital offense, including juveniles, must receive either a sentence of death or a mandatory sentence of life imprisonment without parole. Upon review, the Supreme Court concluded the juveniles failed to show that the holding in Miller required it to dismiss the capital-murder indictments against them. Accordingly, their petitions for a writ of mandamus were denied. View "Alabama vs. Henderson " on Justia Law
G. M. v. Alabama
The State sought certiorari for review of a decision of the Court of Criminal Appeals that reversed the Juvenile Court's decision to deny G.M.'s motion to suppress evidence that G.M. argued was obtained pursuant to an illegal search. The matter was one of first impression for the Supreme Court: whether evidence of a public-school student's association with an individual known to be involved in criminal activity and suspected of being affiliated with a gang, without more, constituted reasonable grounds for a search of the student by a school official under the Fourth Amendment. The Supreme Court concluded that it did not. Therefore, the Court affirmed the Court of Criminal Appeals' judgment. View "G. M. v. Alabama " on Justia Law
Moultrie v. Wall, II
Frank Moultrie appealed a circuit court judgment that assessed attorney fees and costs to Moultrie after finding him in contempt for violating the terms of a temporary restraining order. Upon review, the Supreme Court dismissed the appeal in part and affirmed the judgment. Based on the arguments presented by Moultrie in this appeal, the Court could not conclude that Moultrie had affirmatively demonstrated that the circuit court exceeded its discretion by assessing the attorney fees and costs against Moultrie. View "Moultrie v. Wall, II" on Justia Law
Posted in:
Alabama Supreme Court, Constitutional Law
Smith v. Winfield
Toma E. Smith, as personal representative of the estate of Tiffani P. Smith, appeals the grant of a summary judgment in favor of Dr. James Fleming, and a judgment entered in favor of Dr. Winfield S. Fisher III and the University of Alabama Foundation on her wrongful death claims. Dr. Fisher and the Foundation cross-appealed, arguing that the action should have been dismissed as being void ab initio. Based on the trial court record, the Supreme Court concluded the trial court did not err in entering a summary judgment in favor of Dr. Fleming. The Court concluded the trial court did not err in its judgment in favor of Dr. Fisher and the Foundation.
View "Smith v. Winfield" on Justia Law
Board of Equalization and Adjustment of Shelby County v. Shelby 39, LLC
The Board of Equalization and Adjustment of Shelby County appealed a consent judgment reflecting an agreement between the Board and Shelby 39, LLC. The Board argued the circuit court lacked subject-matter jurisdiction over certain matters decided by the consent judgment. Upon review, the Supreme Court affirmed.
View "Board of Equalization and Adjustment of Shelby County v. Shelby 39, LLC " on Justia Law
Pate v. Alabama
Joseph Lester Pate petitioned the Supreme Court Court for a writ of certiorari to review the Court of Criminal Appeals' affirmance by unpublished memorandum of the circuit court's denial of his motion for reconsideration of his sentence imposed pursuant the Habitual Felony Offender Act ("the HFOA"). The trial court dismissed Pate's "Kirby" motion because it erroneously believed that it lacked jurisdiction to consider it. The Court of Criminal Appeals, on remand from the Supreme Court's decision in "Ex parte Pate," affirmed the trial court's order because it determined that Pate was not entitled to review (on the merits) of a second "Kirby" motion because, it said, there was no indication that Pate's first "Kirby" motion had not properly been considered. The Supreme Court concluded that there was indeed no indication in the record that Pate's first "Kirby" motion was considered on the merits. The judgment of the Court of Criminal Appeals was reversed and the case remanded for further proceedings.
View "Pate v. Alabama" on Justia Law