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   State Courts - Alabama - January 5 - January 10, 2001

  
Adams v. State, 1991010, SUPREME COURT OF ALABAMA, January 5, 2001, Released
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Overview: Where officer smelled the odor of burned or burning marijuana coming from the interior of a legally stopped vehicle, he had probable cause to arrest the occupants and search them. Such was valid as a search incident to arrest.

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AmSouth Bank v. Holberg, 1991159, SUPREME COURT OF ALABAMA, January 5, 2001, Released
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Overview: The court concluded it was not at liberty to waive the clearly expressed requirement of the legislature, and that the judgment creditor seeking to create a judgment lien had to file a certificate of judgment.

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Chatham v. Blount County, 1981019, SUPREME COURT OF ALABAMA, January 5, 2001, Released
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Overview: Railroad was found to have abandoned easements composing a railroad corridor. Abandonment caused easements to revert to successors in title, and there was nothing left for railroad to convey to city and county for use as a recreational trail.

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Ex parte East State Healthcare Auth., 1991937, 1991944, SUPREME COURT OF ALABAMA, January 5, 2001, Released
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Overview: The dismissal of plaintiff's action was improperly reversed, as the Freeman Act addressed substantive issues and could not be applied retrospectively. Therefore, plaintiff was required to exhaust its administrative remedies.

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Ex parte Looney, 1992162, SUPREME COURT OF ALABAMA, January 5, 2001, Released
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Overview: Defendant's conviction and sentence should not have been affirmed, because the trial court lacked jurisdiction to accept defendant's guilty plea due to the district attorney's failure to make the information under oath.

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Ex parte Masonite Corp., 1991885, SUPREME COURT OF ALABAMA, January 5, 2001, Released
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Overview: The record indicated no witness, no transaction, no document, or anything else that gave the plaintiffs' claims a nexus with Lowndes County.

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Gwin v. State, 1992223, SUPREME COURT OF ALABAMA, January 5, 2001, Released
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Overview: Defendant's guilty plea was improperly held to be void, because the special circuit judge was not qualified to preside over the plea proceeding, but defendant did not object to his appointment, and he was a de facto officer.

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Young v. McLeod, 2990440, COURT OF CIVIL APPEALS OF ALABAMA, January 5, 2001, Released
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Overview: Fair Dismissal Act did not apply to appellant teacher who was an instructor at a junior college. Appellant was not employed long enough to receive tenure; thus, circuit court improperly granted appellant tenure and back pay.

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Opinion of the Clerk, OPINION NO. 52, SUPREME COURT OF ALABAMA, January 10, 2001, Decided
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Overview: The transfer of a contested adoption proceeding from the probate court to the juvenile court was a "filing" of case, requiring an additional docket fee of $ 65, assuming $ 20 fee was collected when the case was placed on the probate court docket.

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