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   State Courts - Alabama - March 22, 2002
  
Borden v. State, CR-00-1379, COURT OF CRIMINAL APPEALS OF ALABAMA, March 22, 2002, Released
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Overview: Trial court's order summarily dismissing defendant's amended postconviction petition required remand to clarify order; for example, granting State's motion to dismiss all ineffective assistance claims was confusing as State filed no such motion.

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Brown v. State, CR-00-2390, COURT OF CRIMINAL APPEALS OF ALABAMA, March 22, 2002, Released
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Overview: Where post conviction relief petition failed to state claim upon which relief could have been granted, or where petition raised claims which could have, but were not, raised on appeal, trial court was allowed to summarily dispose of them.

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Cimarron Mortg. Co. v. Wright, 1002020, SUPREME COURT OF ALABAMA, March 22, 2002, Released
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Overview: Trial court erred dismissing action by basing its order solely on company's failure to file a counterclaim. One interpleader claimant was not required to counterclaim against another claimant in order to preserve right to the stake.

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D.H. v. H.H., 2991129, COURT OF CIVIL APPEALS OF ALABAMA, March 22, 2002, Released
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D.P. v. State, CR-00-1564, COURT OF CRIMINAL APPEALS OF ALABAMA, March 22, 2002, Released
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Overview: Where ex-wife's credibility was central to rape case, it was abuse of discretion to deny defendant's motion to compel production of wife's mental health records before reviewing them in camera, as records may have impacted on her credibility.

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Ex parte M.A.D., 2001207, COURT OF CIVIL APPEALS OF ALABAMA, March 22, 2002, Released
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Overview: Mother's petition for a writ of mandamus directing the trial court to vacate an order for paternity testing was denied; an appeal, rather than a writ of mandamus, was the proper method for contesting the trial court's order.

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Ex parte Smith, 1010903, SUPREME COURT OF ALABAMA, March 22, 2002, Released
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Gates v. Gates, 2000801, COURT OF CIVIL APPEALS OF ALABAMA, March 22, 2002, Released
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Overview: Order requiring husband to pay post-minority educational support to minor children was error. Wife failed to present evidence of children's aptitude and expected expenses. Alimony award was proper where wife was unable to meet her expenses.

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Hutchinson v. Hutchinson, 2001214, COURT OF CIVIL APPEALS OF ALABAMA, March 22, 2002, Released
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Overview: Trial court's order in divorce matter that husband was to pay a total of $ 1,342 per month in alimony and other sums was clearly unjust in light of undisputed evidence that husband's monthly gross income was only $ 1,064.

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Ipsco Steel v. Ala. Dep't of Envtl. Mgmt., 2000071, COURT OF CIVIL APPEALS OF ALABAMA, March 22, 2002, Released
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Overview: Because commission's order was clearly conditional, trial court properly dismissed steel company's appeal as being from nonfinal judgment.

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