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   State Courts - Alabama - January 31, 2003

  
Ex parte AmerigasAs Corrected August 6, 2003., 2020041, COURT OF CIVIL APPEALS OF ALABAMA, January 31, 2003, Released
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Overview: Writ of mandamus asking appellate court to order trial court to vacate order that subsequent employer would be liable to employer if liable for employee's treatment was denied since mandamus should not issue to reexamine or correct error in judgment.

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Ex parte Fontaine Trailer Co., 1011767 and 1011814, SUPREME COURT OF ALABAMA, January 31, 2003, Released
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Overview: Where venue was proper as to one corporation, venue was also proper as to foreign corporations, the same as if they were domestic corporations. Actions against domestic corporation were allowed in any county where venue was proper as to codefendant.

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Ex parte Winn-Dixie Montgomery, 2010765, COURT OF CIVIL APPEALS OF ALABAMA, January 31, 2003, Released
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Overview: Employer was not entitled to writ of mandamus directing trial court to dismiss employee's workers' compensation claim or to enforce settlement that was entered into by parties. Agreement was not in effect, as trial court refused to approve agreement.

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Fallin v. City of Huntsville, CR-01-0193, COURT OF CRIMINAL APPEALS OF ALABAMA, January 31, 2003, Released
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Overview: Motion for judgment of acquittal was properly denied; evidence that defendant made a threat, intended to carry it out, and that threat would have placed reasonable person in fear, presented jury issue on harassment charge even without fighting words.

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Giles v. State, CR-01-2067, COURT OF CRIMINAL APPEALS OF ALABAMA, January 31, 2003, Released
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Overview: Prior to denying post-conviction petition, trial court should have determined if Alabama Habitual Felony Offender Act was invoked; if Act was not invoked, appellant's 16-year sentences for forgery and theft offenses exceeded maximum law allowed.

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H.N.P. v. State, CR-01-1409, COURT OF CRIMINAL APPEALS OF ALABAMA, January 31, 2003, Released
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Overview: There was insufficient evidence to convict defendant of disorderly conduct, where she used obscene language and made a vulgar gesture in public. The language and gesture were not fighting words, as they were not likely to provoke a violent reaction.

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Harrison v. State, CR-00-0972, COURT OF CRIMINAL APPEALS OF ALABAMA, January 31, 2003, Released
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Overview: Where the jury convicted defendant of the capital offense of robbery-murder, and found that the murder was committed in the course of the robbery, it also found the aggravating circumstance necessary for imposition of the death penalty.

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Homes of Legend v. O'Neal, 2010949, COURT OF CIVIL APPEALS OF ALABAMA, January 31, 2003, Released
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Overview: Former employer's appeal from order requiring it to pay employee's medical expenses while issue of workers' compensation liability was decided was not appealable. It did not decide any benefits accrued and payable at the time the order was entered.

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Hulsey v. State, CR-01-1004, COURT OF CRIMINAL APPEALS OF ALABAMA, January 31, 2003, Released
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Overview: The trial court erred in granting the State's motion to dismiss defendant's appeal to the circuit court for a trial de novo on his conviction for assault, as it had no authority to do so unless defendant had failed to appear for trial.

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J.A.P. v. State, CR-99-2339, COURT OF CRIMINAL APPEALS OF ALABAMA, January 31, 2003, Released
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