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   State Courts - Alabama - February 4, 2000

  
Bell v. T.R. Miller Mill Co., 1980653, SUPREME COURT OF ALABAMA, February 4, 2000, Released
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Overview: Order for directed verdict reversed on plaintiff's negligence claim because telephone pole was product for purposes of manufacturer's liability, and plaintiff presented sufficient evidence for there to be question for jury.

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Bellande v. Terry, 2981416, COURT OF CIVIL APPEALS OF ALABAMA, February 4, 2000, Released
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Body Max Fitness Ctr. v. Sheffield, 2981436, COURT OF CIVIL APPEALS OF ALABAMA, February 4, 2000, Released
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Overview: In health club's action for payment due under provisions of health-club membership contract, judgment in favor of club member was reversed since trial court erred in finding that member was totally and permanently disabled.

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Byrd v. State, CR-98-2376, COURT OF CRIMINAL APPEALS OF ALABAMA, February 4, 2000, Released
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Overview: Defendant's guilty plea voided where essential element of offense was not stated in court; thus defendant's guilty plea was not proper and conviction was voided as well.

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Carr v. Osborn, 2981383, COURT OF CIVIL APPEALS OF ALABAMA, February 4, 2000, Released
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Overview: Court erred in granting defendant summary judgment as to adult plaintiff's request for declaration that defendant was his father since no statute of limitations prevented plaintiff from obtaining declaration of paternity.

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Crapps v. State, CR-98-2396, COURT OF CRIMINAL APPEALS OF ALABAMA, February 4, 2000, Released
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Overview: A defendant refiling a motion on instructions from the appellate court could not be barred from filing such a motion on grounds that it was a successive pleading when the action was done pursuant to the appellate order.

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Ex parte Borden, 1972037, SUPREME COURT OF ALABAMA, February 4, 2000, Released
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Overview: Defendant was properly convicted of murder and sentenced to death by electrocution for stabbing to death a 61-year-old grandmother in the presence of her two grandchildren because no plain error warranted reversal.

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Gamble v. State, CR-97-0698, COURT OF CRIMINAL APPEALS OF ALABAMA, February 4, 2000, Released
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Overview: Conviction for capital murder as accomplice affirmed because no plain error was found in guilt or sentencing proceedings before jury, but remanded as to sentence because statutory mitigating circumstance was not negated.

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Griffin v. State, CR-97-1026, COURT OF CRIMINAL APPEALS OF ALABAMA, February 4, 2000, Released
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Overview: The defendant was not entitled to a reversal of his conviction and death sentence because the aggravating circumstances outweighed the mitigating circumstances surrounding his case.

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Harris v. State, CR-98-2465, COURT OF CRIMINAL APPEALS OF ALABAMA, February 4, 2000, Released
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Overview: Case involving revocation of probation was remanded to trial court for fact-finding in regards to hearing, as court was unable to determine from record whether hearing had taken place.

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