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   State Courts - Alabama - January 30, 2004

  
Baker v. State, CR-02-1758, COURT OF CRIMINAL APPEALS OF ALABAMA, January 30, 2004, Released
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Bertram v. State, CR-00-2277, COURT OF CRIMINAL APPEALS OF ALABAMA, January 30, 2004, Released
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Brackin v. State, CR-03-0038, COURT OF CRIMINAL APPEALS OF ALABAMA, January 30, 2004, Released
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Ex parte Babyak, 1021749, SUPREME COURT OF ALABAMA, January 30, 2004, Released
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Overview: Where trial court did not rule on postjudgment motion within 90 days and there was no evidence on record that parties unanimously agreed to continuance given by trial court in considering motion, trial court lacked jurisdiction to rule on motion.

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Ex parte Quetgles, 1021242, SUPREME COURT OF ALABAMA, January 30, 2004, Released
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Ex parte Smith, 1030012, SUPREME COURT OF ALABAMA, January 30, 2004, Released
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Finova Capital Corp. v. College City Drugs, Inc., 2020500, COURT OF CIVIL APPEALS OF ALABAMA, January 30, 2004, Released
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Overview: Appellate court had to dismiss corporation's appeal of judgment dismissing complaint alleging company and its president had breached agreements; as other pleadings remained pending in trial court, appellate court lacked jurisdiction over appeal.

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Haley v. Barbour County, 1020533, 1020534, 1021048, 1021049, SUPREME COURT OF ALABAMA, January 30, 2004, Released
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Overview: Sanctions ordered against the DOC commissioner were reversed, on immunity grounds, as such would be impact the state's treasury. But, the DOC was properly ordered to accept a set number of inmates per week. Two remaining cases on appeal were moot.

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Henderson v. State, CR-02-2195, COURT OF CRIMINAL APPEALS OF ALABAMA, January 30, 2004, Released
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Overview: Defendant was entitled to an evidentiary hearing on his second post-conviction petition for relief, where he stated a valid illegal-sentence claim and submitted proof of his full pardon on six prior convictions.

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J.H.H. v. State, CR-02-1752, COURT OF CRIMINAL APPEALS OF ALABAMA, January 30, 2004, Released
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Overview: Accreditation status of a state crime lab conducting DNA tests, standing alone, did not render the test results inadmissible. However, accreditation status was a factor that a trier of fact could consider when assessing the weight to said evidence.

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