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   State Courts - Alabama - February 4, 2000

  
Hopper v. City of Prattville, CR-97-1824, COURT OF CRIMINAL APPEALS OF ALABAMA, February 4, 2000, Decided
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Overview: Police were entitled to search driver prior to arrest, and to search car prior to impounding, and convictions resulting therefrom would not be overturned.

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Howard v. Andy's Store for Men, 2981382, COURT OF CIVIL APPEALS OF ALABAMA, February 4, 2000, Released
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Overview: Lower court's summary judgment was error where questions of whether a change in elevation in the sidewalk that caused appellant's fall was either open and notorious or unreasonably dangerous were questions of fact.

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Lindsey v. State, CR-98-0553, COURT OF CRIMINAL APPEALS OF ALABAMA, February 4, 2000, Released
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Overview: Murder conviction was upheld based on sufficiency of evidence where state's evidence included prison mates' testimony of appellant's confession, collaborating witnesses, and numerous direct and circumstantial pieces of evidence.

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M.S. v. State, CR-98-0721, COURT OF CRIMINAL APPEALS OF ALABAMA, February 4, 2000, Released
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Overview: Cause remanded to determine whether attorney's prior representation of defendant's victim in earlier proceeding created conflict of interest resulting in ineffective assistance of counsel.

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McCart v. State, CR-97-1770, COURT OF CRIMINAL APPEALS OF ALABAMA, February 4, 2000, Released
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McCurry v. State, CR-98-2281, COURT OF CRIMINAL APPEALS OF ALABAMA, February 4, 2000, Released
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Overview: Conviction for attempted murder upheld because the definition of a shooting did not require discharge of weapon. Thus, there was not fatal variance between indictment and evidence presented at trial.

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McNish v. State, CR-98-0654, COURT OF CRIMINAL APPEALS OF ALABAMA, February 4, 2000, Released
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Overview: Where sentence was not death penalty, failure to assert objection was waiver of right to appeal on that ground; conviction of wife of defendant whose knowledge of wrongdoing State failed to establish was reversed.

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Peachtree Cas. Ins. Co. v. Sharpton, 1972214, SUPREME COURT OF ALABAMA, February 4, 2000, Released
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Overview: Plaintiff could not avoid providing uninsured/underinsured-motorist benefits to defendants, motorcycle accident victims, simply by excluding from such coverage persons occupying vehicles with fewer than four wheels.

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Poarch v. Alfa Mut. Ins. Co., 2980900, COURT OF CIVIL APPEALS OF ALABAMA, February 4, 2000, Released
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Overview: Where jury returned verdict for insurer on insureds' breach of contract claim but a verdict for insureds on their bad-faith claim, insureds' motion for new trial should have been granted on grounds of inconsistent verdicts.

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Poff v. Hayes, 1980938, SUPREME COURT OF ALABAMA, February 4, 2000, Released
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Overview: Plaintiff's suit against defendant law clerk for secretly photocopying records to present to the bar as evidence of questionable billing practices was reversed where trial court made several erroneous rulings.

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