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   State Courts - Alabama - March 30, 2001

  
Nix v. State, CR-00-0443, COURT OF CRIMINAL APPEALS OF ALABAMA, March 30, 2001, Released
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Overview: Case was remanded to the trial court with instructions to make such findings as were necessary to determine whether the venire was properly sworn. Claim that trial court failed to administer the oath to prospective jurors could not be waived.

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Norwood v. State, CR-99-2331, COURT OF CRIMINAL APPEALS OF ALABAMA, March 30, 2001, Released
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Overview: General recitations in trial court's order regarding evidence relied upon during probation revocation hearing were insufficient to support revocation and case was remanded for further due process considerations.

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Pettibone v. Tyson, 1981561, SUPREME COURT OF ALABAMA, March 30, 2001, Released
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Overview: Reversal proper where jury instruction given by the court was an incorrect statement of the law that undermined the sole theory of liability in plaintiff's case.

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Reese v. State, CR-99-2440, COURT OF CRIMINAL APPEALS OF ALABAMA, March 30, 2001, Released
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Smith v. State, CR-97-1258, COURT OF CRIMINAL APPEALS OF ALABAMA, March 30, 2001, Released
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Overview: As reviewing court was unable to clearly discern trial court's findings as to aggravating, statutory mitigating, and nonstatutory mitigating factors surrounding imposition of death sentence, court could not carry out its statutory duty of review.

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Smoke v. State, CR-99-2351, COURT OF CRIMINAL APPEALS OF ALABAMA, March 30, 2001, Released
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Overview: Record did not support trial court's finding that it provided appellant with a written order of probation stating that appellant was not allowed to leave Alabama. If it did not, trial court improperly revoked his probation.

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Snyder v. State, CR-99-1356, COURT OF CRIMINAL APPEALS OF ALABAMA, March 30, 2001, Released
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Overview: Murder conviction was reversed where trial court committed plain error by failing to charge a limiting instruction to the jury regarding appellant's prior criminal history, even though appellant did not request a limiting instruction.

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Walter v. Gulf Shores, CR-99-1047, COURT OF CRIMINAL APPEALS OF ALABAMA, March 30, 2001, Released
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Overview: Violations of commercial advertising ordinances upheld against tug boat operator. City had inherent police power over business activities within jurisdiction, including navigable waterways, which were public property.

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Warren v. State, CR-00-0491, COURT OF CRIMINAL APPEALS OF ALABAMA, March 30, 2001, Released
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Overview: The attorney general asked appellate court to remand the case to trial court so State could respond to the allegations contained in appellant's motion to withdraw his guilty pleas. Thus, the case was remanded to trial court.

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Willingham v. State, CR-99-1631, COURT OF CRIMINAL APPEALS OF ALABAMA, March 30, 2001, Released
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Overview: Conviction upheld where offense to which appellant pleaded was lesser included offense of offense for which he was indicted and record did not overcome the presumption that the trial court had jurisdiction to render judgment of conviction.

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