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   State Courts - Alabama - December 30, 1999

  
Adams v. State, CR-98-1932, COURT OF CRIMINAL APPEALS OF ALABAMA, December 30, 1999, Released
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Overview: Marijuana seized from appellant was not admissible, as scope of police search absent probable cause extended only to pat-down of appellant's outer clothing for weapons, and object's identity was not immediately apparent.

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Anderson v. Clark, 1981169, SUPREME COURT OF ALABAMA, December 30, 1999, Released
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Overview: Complaint was properly dismissed when allegation of inadequate appellate representation was based on plaintiff's misunderstanding of the governing law, and fraud allegation was based on documents not found in the record.

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Ash v. State, CR-98-2451, COURT OF CRIMINAL APPEALS OF ALABAMA, December 30, 1999, Released
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Overview: The trial court was without jurisdiction to render judgment in defendant's case because the instruction that proof of robbery of either victim could sustain a guilty verdict effectively amended the indictment and created a fatal variance.

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Dalton v. State, CR-98-1380, COURT OF CRIMINAL APPEALS OF ALABAMA, December 30, 1999, Released
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Overview: After appellant was sentenced to 10 year's imprisonment, appellant was entitled to promptly move to withdraw his guilty plea, because the judge decided not to carry out a plea agreement for a year and a day imprisonment.

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Dean Witter Reynolds, Inc. v. McDonald, 1980704, SUPREME COURT OF ALABAMA, December 30, 1999, Released
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Overview: Trial court was required to refer plaintiff and defendants' dispute to arbitration once court determined that there was valid arbitration agreement; plaintiff's defense of waiver was issue of procedural arbitrability.

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Dickey v. State, CR-97-1072, COURT OF CRIMINAL APPEALS OF ALABAMA, December 30, 1999, Released
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Ex parte City of Birmingham, 1971842, 1980886, SUPREME COURT OF ALABAMA, December 30, 1999, Released
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Overview: Court held that the protracted nature of the case weighed in favor of awarding interim attorney fees to plaintiffs in order to boost their sagging financial resources.

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Ex parte Coale, 1981186, SUPREME COURT OF ALABAMA, December 30, 1999, Released
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Overview: Plaintiff's petition for a writ of mandamus to compel discovery or to have a default judgment entered in his favor was denied since a severe sanction was not warranted and no clear abuse of discretion occurred.

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Ex parte Frazier, 1981111, SUPREME COURT OF ALABAMA, December 30, 1999, Released
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Overview: Capital offender was not entitled to mistrial when his outburst was basis for mistrial request, and there was no ineffective assistance in lack of objection to alleged racially discriminatory jury selection where no prima facie case was on record.

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Ex parte Hardley, 1972074, SUPREME COURT OF ALABAMA, December 30, 1999, Released
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Overview: Since there was insufficient evidence connecting nonaccomplice or corroborated accomplice testimony presented to the jury to link petitioner to the crime charged, submission of the case to the jury was in error.

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