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   State Courts - Alabama - March 30, 2001

  
Green v. State, CR-98-2364, COURT OF CRIMINAL APPEALS OF ALABAMA, March 30, 2001, Released
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Overview: Trial court's failure to transcribe portions of proceedings constituted reversible error in sexual abuse case.

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Hamlett v. State, CR-97-2275, COURT OF CRIMINAL APPEALS OF ALABAMA, March 30, 2001, Released
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Harris v. State, CR-99-2592, COURT OF CRIMINAL APPEALS OF ALABAMA, March 30, 2001, Released
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Overview: Because the record was silent regarding the swearing of the jury venire, the case was remanded to the trial court in order to make the findings necessary to determine whether the venire was given the required oath.

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Hodges v. State, CR-98-1988, COURT OF CRIMINAL APPEALS OF ALABAMA, March 30, 2001, Released
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Overview: Death sentence required specific findings as to each aggravating circumstance and statutory and nonstatutory mitigating circumstance; murder for pecuniary gain could not be aggravating circumstance in robbery-murder.

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James v. Thaggard, 2991345, COURT OF CIVIL APPEALS OF ALABAMA, March 30, 2001, Released
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Overview: Appellant could not claim homestead exemption applied to prohibit appellee from foreclosing on mortgage appellant gave appellee where appellant first claimed he was unmarried and then claimed mortgage lacking his wife's signature was invalid.

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Jester v. Jester, 2991160, COURT OF CIVIL APPEALS OF ALABAMA, March 30, 2001, Released
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Overview: The trial court erred in its calculation of the amount of appellant husband's reserve alimony owed because the trial court had not allowed a reduction in husband's taxable income based on his second wife's income.

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Liberty Fin., Inc. v. Carson, 1990400, SUPREME COURT OF ALABAMA, March 30, 2001, Released
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Lightwave Techs., LLC v. Escambia County, 1991566, SUPREME COURT OF ALABAMA, March 30, 2001, Released
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Overview: Charge imposed on telecommunications company for use of county's right-of-way was an impermissible tax where the legislature did not make an express grant of authority to county to impose the tax.

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Looney v. State, CR-98-2461, COURT OF CRIMINAL APPEALS OF ALABAMA, March 30, 2001, Released
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Meeker v. State, CR-99-2509, COURT OF CRIMINAL APPEALS OF ALABAMA, March 30, 2001, Released
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Overview: Possession of marijuana conviction overturned where State failed to offer sufficient circumstantial evidence linking appellant to home searched and drugs recovered, or to exclude every reasonable hypothesis other than guilt.

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