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   State Courts - Alabama - February 1, 2002

  
Ex parte Alapati, 1001881, SUPREME COURT OF ALABAMA, February 1, 2002, Released
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Overview: Doctor seeking mandamus to vacate protective order did not show information sought was calculated to lead to discovery of relevant material, so trial court did not abuse its discretion, and doctor had no clear legal right to have order vacated.

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Ex parte City of Dothan Pers. Bd., 1001978, SUPREME COURT OF ALABAMA, February 1, 2002, Released
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Overview: Trial judge's disqualification from case due to his representation in another matter by attorney appearing in case was terminated both by attorney's withdrawal from case and termination of other matter in which attorney represented him.

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Ex parte City of Tarrant, CR-01-0316, COURT OF CRIMINAL APPEALS OF ALABAMA, February 1, 2002, Decided
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Overview: When defendant appealed his municipal court convictions to circuit court, time within which city was to file municipal court record in circuit court began to run once defendant filed written appeal notice and appeal bond was set and approved.

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Fields v. State, CR-00-2085, COURT OF CRIMINAL APPEALS OF ALABAMA, February 1, 2002, Released
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Overview: Defendant's meetings with probation officer were not custodial interrogations; thus, defendant was not entitled to Miranda warnings before speaking with probation officer and his admission of violating his probation was admissible.

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Hamm v. State, CR-99-0654, COURT OF CRIMINAL APPEALS OF ALABAMA, February 1, 2002, Released
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Overview: Defendant in postconviction proceeding was not entitled to the attorney of his choice; and defendant was not denied the effective assistance of counsel at trial, on direct appeal, or at postconviction proceeding.

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Holloway v. State, CR-00-1440, COURT OF CRIMINAL APPEALS OF ALABAMA, February 1, 2002, Released
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Overview: Trial court's order denying defendant's postconviction relief petition, which alleged ineffective assistance of counsel, made insufficient findings on issues raised.

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Kirkland v. State, CR-00-2494, COURT OF CRIMINAL APPEALS OF ALABAMA, February 1, 2002, Decided
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Overview: Trial court erred by suspending 15 years of defendant's 25-year prison sentence; no portion of her single sentence could be suspended pursuant to the Alabama Split Sentence Act, because her sentence was longer than 20 years.

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McNabb v. State, CR-98-0967, COURT OF CRIMINAL APPEALS OF ALABAMA, February 1, 2002, Released
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Overview: Trial court did not err when sentencing defendant, as the trial court considered all evidence presented in mitigation, and the evidence supported the holding that the aggravating circumstances outweighed the mitigating circumstances.

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McQueen v. State, CR-01-0100, COURT OF CRIMINAL APPEALS OF ALABAMA, February 1, 2002, Decided
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Overview: Defendant's argument that split portion of his sentence was illegal, and trial court did not have jurisdiction to impose sentence, had merit. Trial court had to make specific, written findings of fact regarding imposition of split sentence.

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Peterson v. State, CR-00-1417, COURT OF CRIMINAL APPEALS OF ALABAMA, February 1, 2002, Released
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Overview: Trial court's findings on second remand were insufficiently specific to allow appellate court to determine offense underlying defendant's felony-murder conviction and, thus, his double jeopardy violation claim.

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