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   State Courts - Alabama - January 12, 2007

  
Washington v. State, CR-05-1297, COURT OF CRIMINAL APPEALS OF ALABAMA, January 12, 2007, Released
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Overview: A trial court erred in accepting a youthful-offender report (YOR) as a substitute for a mandatory presentence investigation report (PIR), as required by Ala. Code ? 13A-5-47 and Ala. R. Crim. P. 26.3 in defendant's capital-murder trial, and although the YOR was thorough, the error was not harmless because the PIR was a mandatory requirement.

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Weinrib v. Duncan, 1050261, SUPREME COURT OF ALABAMA, January 12, 2007, Released
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Overview: Trial court erred in the allowing patient's medical malpractice action to be reinstated after the case had been removed to federal court, which declined to exercise supplemental jurisdiction over the malpractice action; patient had 30 days pursuant to 28 U.S.C.S. ? 1367(d) to refile action in state court after dismissal of it and did not do so.

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