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   State Courts - Alabama - January 23 - January 27, 2004

  
Ex parte Livingston, CR-03-0312, COURT OF CRIMINAL APPEALS OF ALABAMA, January 23, 2004, Released
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Overview: An inmate's habeas corpus petition was improperly transferred to the county in which the Alabama Department of Corrections' offices were located and should have been permitted to remain in the court in which county the inmate was incarcerated.

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Ex parte Maples, CR-03-0021, COURT OF CRIMINAL APPEALS OF ALABAMA, January 23, 2004, Released
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Overview: Though two of inmate's attorneys had not received notice that his post-conviction petition had been denied, as his other attorney had received this notice, the inmate was not entitled to file an out-of-time appeal from the denial of his petition.

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G.W. v. Sheriff of Jefferson County, 2020917, COURT OF CIVIL APPEALS OF ALABAMA, January 23, 2004, Decided
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Overview: Although defendant's bankruptcy petition indicated that he had assets, that evidence was insufficient to show that he had the present ability to pay the amount that he was ordered to pay in order to purge himself of contempt.

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King v. City of Birmingham, 2020664, COURT OF CIVIL APPEALS OF ALABAMA, January 23, 2004, Released
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Overview: As city did not present substantial evidence of any of three statutory grounds for denial of appellants' application for liquor license, city acted arbitrarily and capriciously in denying application, and trial court erred by concluding otherwise.

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Rich v. Rich, 2020289, COURT OF CIVIL APPEALS OF ALABAMA, January 23, 2004, Released
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Overview: Trial court's decision was remanded where it was not clear whether it applied the appropriate heightened standard in modifying its prior custody determination because that determination was temporary custody order, rather than a pendente lite order.

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State v. Redmon, CR-03-0104, COURT OF CRIMINAL APPEALS OF ALABAMA, January 23, 2004, Released
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Overview: District attorney was entitled to mandamus relief where a circuit judge erroneously held that he was without jurisdiction to amend a restitution order, in order to consider a third victim's losses, which he had not addressed in that order.

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State v. Reynolds, 1022013, SUPREME COURT OF ALABAMA, January 23, 2004, Released
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Overview: Trial court did not abuse its discretion in denying the State mandamus relief, where the State objected to a probate court's prior consolidation order in a condemnation proceeding, as common questions of law and fact were presented.

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Ex parte Gardner, 1030309, SUPREME COURT OF ALABAMA, January 27, 2004, Released
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Overview: Inmate who filed a petition for postconviction relief had two years to do so because the date which triggered his right to file his petition arose on or before July 31, 2001, and the state supreme court found that the inmate's petition was timely.

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Ex parte Powe, 1030329, SUPREME COURT OF ALABAMA, January 27, 2004, Released
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