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| Shouldis v. State, CR-04-1907,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 3, 2006, Released
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Overview: First-degree sexual abuse conviction was upheld, based on victim's testimony, the fact that limited abrogation of the election rule applied, and defendant's claims regarding the admission of evidence, ineffective assistance of counsel, a variance between the indictment and the evidence, and for not giving a unanimity instruction were unpreserved.
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| State v. Montgomery, CR-04-2011,
COURT OF CRIMINAL APPEALS OF ALABAMA, March 3, 2006, Released
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Overview: A trial court improperly granted defendant's motion to suppress his confession because evidence that dogs tracked defendant's scent from clothing left at the scene of a burglary to defendant created sufficient probable cause to arrest defendant. Facts were sufficient to warrant a prudent person to believe that defendant had committed the burglary.
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| Turnbo v. Turnbo, 2040541,
COURT OF CIVIL APPEALS OF ALABAMA, March 3, 2006, Released
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Overview: Divorce decree awarding periodic alimony to the wife, as well as a Lexus automobile, and her attorney's fees was upheld, based on ore tenus evidence and given the trial court's discretion in awarding the same, after making credibility determinations as to the husband and the wife, as well as for deciding how to weigh the evidence before it.
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