Alabama, January, 2003, State Case law

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State Courts - Alabama - January 31, 2003

Amos v. State, CR-01-1892, COURT OF CRIMINAL APPEALS OF ALABAMA, January 31, 2003, Released
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Baggett v. Baggett, 2011186, COURT OF CIVIL APPEALS OF ALABAMA, January 31, 2003, Released
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Overview: Where the property division heavily favored the wife, without a finding of fault, remand was necessary. The failure to award the husband a share of his contributions to the marital assets acquired during 21 years of marriage was error.

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Baskin v. State, CR-02-0039, COURT OF CRIMINAL APPEALS OF ALABAMA, January 31, 2003, Released
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Overview: Correctional officer's hearsay testimony did not alone constitute "some evidence" that petitioner violated department of corrections rules. Thus, the finding of guilt did not satisfy due process, and habeas corpus petition was erroneously dismissed.

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Brooks v. State, CR-01-2063, COURT OF CRIMINAL APPEALS OF ALABAMA, January 31, 2003, Released
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Overview: The petition for post-conviction relief was granted, where the trial court failed to correctly inform petitioner of the length of the minimum sentence including enhancements before accepting petitioner's guilty plea.

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Bryant v. State, CR-00-1272, COURT OF CRIMINAL APPEALS OF ALABAMA, January 31, 2003, Released
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Byers v. State, CR-02-0135, COURT OF CRIMINAL APPEALS OF ALABAMA, January 31, 2003, Released
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Overview: Where hearsay testimony of an arresting officer did not fulfill the some evidence requirement of due process in a prison disciplinary hearing, the hearing officer's finding of guilt was unsupported by some evidence and was arbitrary and capricious.

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Cain v. State, CR-01-2264, COURT OF CRIMINAL APPEALS OF ALABAMA, January 31, 2003, Released
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Overview: Trial court's written order revoking defendant's probation was insufficient, as it did not state the evidence and the reasons relied upon to revoke defendant's probation. The case was remanded to the trial court to prepare a proper written statement.

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Davis v. State, CR-01-2038, COURT OF CRIMINAL APPEALS OF ALABAMA, January 31, 2003, Released
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Overview: Trial court's probation revocation order was inadequate, as it did not contain a written statement of the evidence relied on or the reasons for the revocation. Accordingly, appellate court remanded the case to trial court to provide proper statement.

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Davis v. State, CR-01-2141, COURT OF CRIMINAL APPEALS OF ALABAMA, January 31, 2003, Released
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Overview: A trial court's summary notation that defendant's "probation was revoked" was insufficient to satisfy due process and a remand was required for the trial court's explication of the reasons for revoking defendant's probation.

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Estrada v. Redford, 2010758, COURT OF CIVIL APPEALS OF ALABAMA, January 31, 2003, Released
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Overview: Parent seeking custody change needed to show that change promoted child's best interests and that benefits of change would more than offset disruptive effect of uprooting child. Neither child's preferences nor GAL's recommendation were controlling.

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