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   State Courts - Alabama - February 1, 2002

  
Adams v. State, CR-00-2353, COURT OF CRIMINAL APPEALS OF ALABAMA, February 1, 2002, Decided
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Overview: Probation-revocation record contained only order of commitment to jail, with no revocation order or hearing transcript, so it was not clear if hearing was even held. Matter was remanded for sufficient order and findings.

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Ala. Dep't of Corr. v. Hamilton, CR-00-1542, COURT OF CRIMINAL APPEALS OF ALABAMA, February 1, 2002, Released
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Overview: Grant of habeas writ based on inmate's claim that department of corrections wrongly denied him good time, and that his base and enhancement sentences were separate, was reversed. Enhancements could not have been imposed absent base sentence.

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Allen v. State ex rel. Allen, 2000696, COURT OF CIVIL APPEALS OF ALABAMA, February 1, 2002, Released
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Overview: Husband's appeal of a circuit court order finding him in contempt and liable for a child support arrearage and interest was dismissed, as he had failed to appeal from an order of a district court denying his new trial motion by operation of law.

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B.S.L. v. S.E., 2000915, COURT OF CIVIL APPEALS OF ALABAMA, February 1, 2002, Released
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Overview: Trial court erred in failing to apply custody-modification standard and applying best interest of child standard in awarding custody of child instead, as hearing related to custody rather than to dependency.

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Bishop v. State, CR-00-2560, COURT OF CRIMINAL APPEALS OF ALABAMA, February 1, 2002, Decided
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Overview: Where the trial court had not made any specific findings of fact when it dismissed a postconviction petition, the case was remanded to clarify the record to enable review of defendant's claims and the trial court's amendment to its plea entry.

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Briner v. City of Midfield, 2000517, COURT OF CIVIL APPEALS OF ALABAMA, February 1, 2002, Released
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Overview: Where city sent bondsman notices to show cause on forfeiture of bonds through the general United States mail, and the signature lines noting the officer's return on those notices were unsigned, the requirements of personal service were not met.

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Campbell v. Campbell, 2000997, COURT OF CIVIL APPEALS OF ALABAMA, February 1, 2002, Released
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Overview: Father's child support arrearage would not be credited for sums he paid to children, and he could not stop support at their age of majority due to agreed order providing otherwise. Compound interest could not be assessed on arrearage.

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Cooley v. State Dep't of Pub. Safety, 2001134, COURT OF CIVIL APPEALS OF ALABAMA, February 1, 2002, Released
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Overview: Statutes of Alabama and Tennessee prohibiting operation of commercial vehicle after consuming alcohol were sufficiently similar to allow suspension of Alabama truck driver's license for DUI offense in Tennessee.

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Dailey v. State, CR-98-1447, COURT OF CRIMINAL APPEALS OF ALABAMA, February 1, 2002, Released
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Overview: Defendant had fair trial with impartial jury as his guilt or innocence had nothing to do with pending civil suit, therefore issue of liability coverage as it related to third party was irrelevant to criminal liability of defendant.

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Downs v. Goodwin, 2000940, COURT OF CIVIL APPEALS OF ALABAMA, February 1, 2002, Released
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Overview: Plaintiff in an automobile accident negligence case was entitled to a new trial where the jury found in plaintiff's favor but awarded no damages; the appellate court found the verdict inconsistent as a matter of law.

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