Justia Constitutional Law Opinion Summaries

In February 2008, a Mobile County grand jury charged Lam Luong with five counts of capital murder in connection with the deaths of his four children. Luong killed his four children by throwing them off a bridge into water 100 feet below the bridge. The trial court sentenced Luong to death for each of the five capital-murder convictions. The Court of Criminal Appeals reversed Luong's convictions and death sentences, holding that the trial court erred by refusing to move the trial from Mobile County because, it reasoned, the pretrial publicity was presumptively prejudicial and by refusing to conduct individual questioning of the potential jurors regarding their exposure to that publicity. The Court of Criminal Appeals also held that the trial court erred in denying defense counsel funds to travel to Vietnam to investigate mitigation evidence and in admitting into evidence during the sentencing hearing a videotape simulation using sandbags approximately the weight of each child illustrating the length of time it took for each child to fall from the bridge to the water. After careful consideration of the trial court record, the Supreme Court held: (1) the trial court did not exceed the scope of its discretion in refusing to find presumed prejudice against Luong and refusing to transfer his case on that basis; (2) the trial court did not exceed the scope of its discretion in denying Luong's request that the trial court conduct individual voir dire; (3) and because the record established that the trial court considered the reasonableness of Luong's request and provided a means for Luong to develop mitigation evidence, the trial court did not exceed the scope of its discretion in denying Luong's request for funds for his counsel to travel to Vietnam to investigate mitigation evidence; and (4) the trial court did not exceed the scope of its discretion in admitting certain videotape evidence. Accordingly, the court of Criminal Appeals was reversed. View "Luong v. Alabama" on Justia Law

Criminal defendants Clement Poiroux, Lamar Osborne, Travis Blair, Christopher Raybon, Sara Hawkins, Brian Williams, Levorish Hudson, Joseph Johnson, Jr., Nicholas McNeil, and Willie Walker II, and McNeil & Stokley Enterprises, LLC, d/b/a Metro Bonding Co., Bay Area Bail Bonds, LLC, A-Plus Bonding, Inc., Alternative Justice Bail Bonding, Inc., A-Advantage Bonding, LLC, Affordable Bail Bond, Inc., and Allstar Bail Bonds, Inc. appealed the dismissal of their claims against various district attorneys, circuit court clerks, and other state officials. Several of the criminal defendants and of the bail-bond companies sued the defendants and fictitiously named parties alleging claims related to Act No. 2012-535, Ala. Acts 2012 (codified as 12-14-31 and 12-19-311, Ala. Code 1975). The criminal defendants and the bail-bond companies argued, among other things, that the fee assessed pursuant to 12-19-311(a)(1)a., Ala. Code 1975 ("the filing fee"), and the fee assessed pursuant to 12-19-311(a)(1)b., Ala. Code 1975 ("the back-end fee"), were unconstitutional. Upon review of the circuit court record, the Supreme Court affirmed the dismissal of all claims regarding the back-end fees, all claims seeking monetary relief, and all claims against the defendant sheriffs. The Court also affirmed the dismissal of the criminal defendants' claims for declaratory and injunctive relief. The Court reversed the circuit court's judgment insofar as it dismissed the bail-bond companies' claims for declaratory and injunctive relief against the defendants other than the defendant sheriffs. View "Poiroux v. Rich" on Justia Law

Clay Merches petitioned the Alabama Supreme Court for a writ of mandamus to direct the trial court to dismiss claims against him for lack of personal jurisdiction. The underlying case concerned a missing flatbed trailer owned by Builders Transportation, a Tennessee company. The plaintiffs were Alabama residents. The complaint alleged that the parties had entered into a contract in which Builders Transportation and Dwight Bassett (employee of Builders Transportation) had agreed to pay the plaintiffs $10,000 in return for information about the location of the missing trailer. The plaintiffs further alleged that Builders Transportation and Bassett had breached that contract by failing to pay the plaintiffs $10,000 for the information given about the trailer, which was located in a field in Hale County. Instead of receiving $10,000, the plaintiffs were arrested in Hale County and charged with receiving stolen property and conspiracy to commit theft of property. Those charges were later dismissed. In July 2012, the plaintiffs amended their complaint to add Merches, an employee of Builder Transportation as a defendant. The claims and factual allegations made against Merches in the amended complaint were the same as those made against Builders Transportation and Bassett. Upon review, the Supreme Court concluded Merches lacked sufficient contact with Alabama to support the trial court's exercise of personal jurisdiction over him. Accordingly, the Court issued the writ. View "Brantley v. Bassett" on Justia Law

Wayne Morrow filed a permissive appeal to the Circuit Court's order denying his request for a judgment declaring that the $100,000 cap on damages in section 11-47-190, Ala. Code 1975, applied to Morrow, a municipal employee who was sued in his individual capacity. In 2009, Alice Yu sought to have Alabama Power Company restore electrical service in her name at a commercial building she was leasing. The premises had been without power for approximately eight months. The City of Montgomery sent Morrow to perform an electrical inspection of the premises and clear the premises for service before electrical service was restored. Keandarick Russell, a minor, was staying with his great-grandmother, who lived next door to the premises. Russell was playing on the concrete pad on which the air-conditioning system was located and was electrocuted when he came in contact with a chain-link fence adjacent to the premises. When the incident occurred, wires from an uncovered junction box at the electrical source had come in contact with a portion of the fence, and, as a result, the fence had become electrified. Russell was electrocuted when he touched the fence. Shameka Caldwell, as Russell's mother and next friend, filed a wrongful-death action against multiple defendants, including Morrow and Yu for two fictitiously named defendants. In the amended complaint, Caldwell alleged that Morrow had negligently, recklessly, and/or wantonly inspected the premises and had negligently, recklessly, and/or wantonly allowed electrical service to be restored to the premises. In his answer, Morrow asserted that he was entitled to State immunity, to State-agent immunity, and to qualified immunity. Upon review, the Supreme Court concluded the plain language of 11-47-190 did not limit the recovery on a claim against a municipal employee in his or her individual capacity, the $100,000 statutory cap on recovery would not apply to Caldwell's claims against Morrow. Therefore, the trial court properly denied Morrow's request for a judgment declaring that it would. View "Morrow v. Caldwell" on Justia Law

Inmate Victor Russo appealed a circuit court's dismissal of his action against the Alabama Department of Corrections (ADOC). He challenged ADOC's implementation of a policy to charge a processing fee for money orders and cashier's checks deposited into an inmate's "prisoner money on deposit" account. The Supreme Court noted multiple fatal errors in Russo's pleadings, the sum of which was that Russo named ADOC as his sole adverse party, and that complaint "purported to effect an action against the State." As such, the trial court lacked jurisdiction to hear his case. The Supreme Court dismissed Russo's appeal. View "Russo v. Alabama Department of Corrections " on Justia Law

Respondents Reed Collar and Bonnie Collar, as the parents of Gilbert Collar, sued the University of South Alabama in connection with Gilbert's death. In October 2012, Gilbert was a student at the University. At some point while he and a few other students were talking, Gilbert was given a substance that was believed to have included illegal drugs. Gilbert had a sudden and immediate reaction to the substance: the reaction caused him either to become extremely hot or to believe that he was very hot. Gilbert lost the ability to fully understand his actions and to reason. As a result, Gilbert took off his clothes and began running into and out of traffic on the campus of the University. At some point during his reaction, Gilbert went to the University's police station and began hitting the windows. Gilbert started to walk away from the building but came back and started hitting the door of the station. An officer came out of the station through the door with his weapon drawn. After the officer called to Gilbert, Gilbert started to advance toward the police station and "immediately began acting in an erratic manner." When Gilbert was a few feet from the officer ("and for unexplainable reasons"), the officer shot Gilbert. The trial court entered an order denying the Chief of University Police's motion to dismiss. The Chief filed a petition for a writ of mandamus to reverse the trial court. The Supreme Court found that the Chief had a clear legal right to the dismissal of counts one and three of the complaint against him. Therefore, the Court granted his petition. View "Collar v. University of South Alabama" on Justia Law

U.S. Bank National Association and U.S. Bancorp sought a writ of mandamus ordering the Jefferson Circuit Court to dismiss the malicious-prosecution case filed against them by Sterne, Agee & Leach, Inc. that arose out of a lawsuit prosecuted by U.S. Bank entirely in the State of Washington. The principle of "lex loci delicti" requires that the law of the state in which the antecedent lawsuit was terminated in favor of the complaining party governs a malicious-prosecution claim. Thus, Washington law governed Sterne Agee's claim of malicious prosecution. Accordingly, U.S. Bank's petition for writ for mandamus was granted, and the circuit court was ordered to dismiss Sterne Agee's malicious-prosecution case. View "Sterne, Agee & Leach, Inc. v. U.S. Bank National Association" on Justia Law

Defendants Dr. Gerald Hodge and Tombigbee Healthcare Authority d/b/a Bryan W. Whitfield Memorial Hospital separately petitioned for a writ of mandamus directing the Marengo Circuit Court to dismiss the claims asserted against them by Gertha and David Tucker. In 2012, Gertha sued Dr. Hodge, Tombigbee, and others, alleging claims under the Alabama Medical Liability Act. Gertha alleged that Dr. Hodge performed a hysterectomy on her in 2005; that Dr. Hodge negligently failed to account for and to remove a surgical hemostat clamp from her abdomen; she did not discover the presence of the clamp until 2011 when she first started experiencing pain; and that as the proximate result of the negligent failure to remove the clamp she was made to suffer pain, life- threatening medical problems, including severe infections, and mental anguish. "Although the situation with which [the Supreme Court was] presented here [did] not involve the statute-of-limitations defense in the context of fictitious-party practice and the relation-back doctrine, the defendants . . . [were] faced with the extraordinary circumstance of having to further litigate this matter after having demonstrated from the face of the plaintiff's complaint a clear legal right to have the action against them dismissed based on the four-year period of repose found in 6-5-482(a). Having concluded that an appeal pursuant to Rule 5 or an appeal from a final judgment following further litigation is not an adequate remedy in this case, [the Court] conclude[d], based on the particular circumstances of this case, that mandamus is necessary in order to avoid the injustice that would result from the unavailability of any other adequate remedy." View "Tucker, Jr. v. Tombigbee Healthcare Authority " on Justia Law

The Alabama Educational Television Commission petitioned the Supreme Court for a writ of mandamus to direct the Jefferson Circuit Court to dismiss claims brought against them by Allan Pizzato and Pauline Howland and to strike Pizzato and Howland's second amended complaint. From 2000 until June 2012, Pizzato served as the executive director of Alabama Public Television ("APT") and Howland served as the deputy director and chief financial officer of APT. Sometime before June 2012, tension arose between Pizzato and the Commissioners. At its regular quarterly meeting in June 2012, the Commission voted to go into executive session to discuss Pizzato's "general reputation, character, and job performance." After the Commission returned to its regular meeting from the executive session, the Commissioners moved to terminate Pizzato's and Howland's employment, stating that "the Commission had decided to move APT in a new direction." Thereafter, Pizzato requested certain materials from the Commission pursuant to the Open Records Act. A month later, Pizzato sued the Commission and the Commissioners in their individual and official capacities, alleging violations of the Open Meetings Act, seeking compensatory and punitive damages. The Commissioners moved the circuit court to dismiss Pizzato's claims against them, arguing that Pizzato did not have standing to bring an Open Meetings Act claim, that the Open Meetings Act did not provide for the recovery of compensatory or punitive damages, and that the complaint failed to state a claim under the Open Meetings Act. Further, the Commissioners argued that Pizzato's claim was moot because the requested documents had been produced and that the circuit court did not have subject-matter jurisdiction over the request for a declaratory judgment because the allegations supporting that count failed to state a claim upon which relief could be granted. After a hearing, the circuit court denied the Commission and the Commissioners' motions, including the motion for a permissive appeal under Rule 5, Ala. R. App. P. The Commission and the Commissioners then petitioned the Supreme Court for mandamus relief. After review of the circuit court record, the Supreme Court concluded the court erred in its decisions denying the Commissioners' motions. Because Pizzato and Howland had not established standing to bring their action against the Commission and the Commissioners under the Open Meetings Act, the claims asserted in both the first amended and second amended complaints should have been dismissed. Therefore, the Court granted the petition for mandamus relief and issued the writ. View "Pizzato v. Alabama Educational Television Commission" on Justia Law

Michelin North America, Inc. ("Michelin"), petitioned the Supreme Court for writs of mandamus to direct the Mobile Circuit Court: (1) to vacate its order allowing plaintiff Betty Brown to conduct an on-site inspection of Michelin's Ardmore, Oklahoma, tire-manufacturing facility (case no. 1121330); and (2) to vacate its order compelling Michelin to answer certain interrogatories and to comply with certain document requests propounded by Brown (case no. 1121341). Brown and her husband, George were traveling in Mobile when the tire mounted on the rear passenger side of their 1992 Ford Explorer sport-utility vehicle failed, causing an automobile accident in which George was killed and Brown was injured. Upon review of the circuit court record, the Supreme Court granted Michelin's petition in case no. 1121330 and granted the petition in part in case no. 1121341. View "Brown v. Michelin North America, Inc." on Justia Law