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   State Courts - Alabama - February 4, 2000

  
Ricketson v. State, CR-98-1401, COURT OF CRIMINAL APPEALS OF ALABAMA, February 4, 2000, Released
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Overview: On appeal of criminal conviction of narcotics trafficking, case was remanded because penalties prescribed with regard to defendant's drivers' license were not specifically set out in case, although evidence was sufficient.

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Ritchie v. State, CR-98-0365, COURT OF CRIMINAL APPEALS OF ALABAMA, February 4, 2000, Released
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Overview: The court reversed and remanded where certain evidence of a prior bad act was improperly admitted and an impeached witness was not allowed to admit or deny her prior inconsistent statement regarding the alleged bad act.

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Schoenberger v. City of Decatur, CR-98-2329, COURT OF CRIMINAL APPEALS OF ALABAMA, February 4, 2000, Released
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Overview: Appellant entitled to de novo review of his Ala. R. Crim. P. 32 petition where it was timely filed and lower court's dismissal of petition constituted reversible error.

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Smith v. Atkinson, 1980433, SUPREME COURT OF ALABAMA, February 4, 2000, Released
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Overview: Although the court saw no need to recognize a new tort for spoliation of evidence, defendant, as a third party, was liable for the destruction of plaintiffs' evidence on the basis of negligent spoliation of evidence.

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Southern Energy Homes, Inc. v. Washington, 1971628, SUPREME COURT OF ALABAMA, February 4, 2000, Released
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Overview: Judgment for plaintiff in suit seeking damages for mental-anguish and breach of express and implied warranties in connection with plaintiff's purchase of a custom-built mobile home from defendant was proper; errors were meritless.

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Taylor v. State, CR-97-2531, COURT OF CRIMINAL APPEALS OF ALABAMA, February 4, 2000, Released
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Overview: Appeal denied to defendant convicted of three felony murders where no plain error occurred, and his hunting down and executing witnesses was sufficient aggravation to increase life imprisonment to death penalty.

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Tupper v. State, CR-96-2078, COURT OF CRIMINAL APPEALS OF ALABAMA, February 4, 2000, Released
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Tyson v. State, CR-98-0267, COURT OF CRIMINAL APPEALS OF ALABAMA, February 4, 2000, Released
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Overview: Technical error on search warrant did not result in constitutional violations or invalidate search. Since identity of murderer was at issue, evidence of other shooting was admitted to establish connection to murder weapon.

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Ward v. State, CR-98-0800, COURT OF CRIMINAL APPEALS OF ALABAMA, February 4, 2000, Released
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Overview: Appellant's conviction of murder of four-month-old son upheld despite claims of improper admission of video evidence of autopsy, and prior history of domestic violence.

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Weaver v. State, CR-97-0770, COURT OF CRIMINAL APPEALS OF ALABAMA, February 4, 2000, Released
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Overview: The defendant was entitled to a reversal of his conviction because lesser offenses were included in his felony murder sentencing.

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