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Alabama Supreme Court

Pro Freedom
Total Judgeships: 

9 (0 vacancies)

Political Makeup: 

0 Dems - 9 GOP

Location(s): 
Montgomery
Caseload: 

1600

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LISTEN NOWThe Freedom Files Podcast Episode 37: Shon HopwoodListen Here
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Unborn Children Protected from Chemical Endangerment

Tue, 07/01/2014

Hicks v. Alabama: Sarah Hicks was convicted and sentenced to 3 years imprisonment after pleading guilty to ingesting cocaine while pregnant. She was convicted under Alabama law for chemical endangerment of a child. Hicks appealed her case on the grounds that an unborn fetus isn’t a “child.”

Decision

The Supreme Court of Alabama, staying consistent with Alabama’s policy of protecting life from its earliest stages of development, affirmed the decision of the lower courts and validated the conviction of Hicks. The Court placed emphasis on the idea that the word “child” includes all children both born and unborn.

Read the full decision here
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Is City Liable for Volunteer Firefighter Training and Action?

Fri, 06/06/2014

Kelley et al. v. Dailey: The City of Valley Grande’s fire department is volunteer based and independent of the municipality. In early 2011, a house fire in which the fire department assisted in fighting, killed two individuals. After the fire, the family of the victims were told that all bodily remains had been taken off site but the family filed suit for emotional distress and negligence when a body bag with additional remains was found on site.

Decision

The Alabama Supreme Court granted a writ of mandamus and summary judgment to petitioners of this trial. The petitioners stated that since the fire department and city are independent of each other, that the city is not liable in this case. In addition, because the fire department is volunteer based, the firefighters themselves are protected from liability under the Volunteer Service Act.

Read the full decision here
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Court Tells Parents To Solve Their Own Problem

Mon, 05/05/2014

Megan Marie Russell v. Keone Kaukawele Fuqua: Keone brought a petition to court to gain the ability to change his daughter’s last name to be hyphenated. The mother refused the change. The lower court granted the petition to the father. As a result, the mother appealed the ruling to the Alabama Supreme Court.

Decision

The Alabama Supreme Court reversed the decision of the lower court stating that the lower court acted outside of its influence in issuing a decision in the dispute which is not within the court’s subject matter. The Supreme Court made clear that a dispute of this kind is personal and should not be decided by a court. They dismissed the appeal.

Read the full decision here