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   State Courts - Alabama - March 21, 2003
  
Benjamin v. Benjamin, 2010892, COURT OF CIVIL APPEALS OF ALABAMA, March 21, 2003, Released
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Overview: Although wife proved change in circumstances necessary to justify trial court's order awarding her alimony, the trial court abused its discretion by awarding alimony because evidence showed that husband did not have ability to make alimony payments.

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Bostwick v. Ala. Bd. of Pardons & Paroles, CR-01-2238, COURT OF CRIMINAL APPEALS OF ALABAMA, March 21, 2003, Released
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Overview: Trial court did not err in summarily dismissing defendant's petition for a writ of certiorari of the denial of parole, as defendant's claim that parole board relied on erroneous information was mere speculation and was not supported by any evidence.

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Brewster v. State, CR-02-0073, COURT OF CRIMINAL APPEALS OF ALABAMA, March 21, 2003, Released
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Bryant v. State, CR-98-0023, COURT OF CRIMINAL APPEALS OF ALABAMA, March 21, 2003, Released
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City of Mobile v. Robertson, 2020003, COURT OF CIVIL APPEALS OF ALABAMA, March 21, 2003, Released
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Overview: Trial court exceeded its authority by finding that police department policy violated officer's constitutional rights because officer who was suspended for violating policy appealed a personnel board's decision instead of filing a collateral action.

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Crenshaw v. State, CR-01-2285, COURT OF CRIMINAL APPEALS OF ALABAMA, March 21, 2003, Released
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Davis v. Davis, 2001097, COURT OF CIVIL APPEALS OF ALABAMA, March 21, 2003, Released
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Overview: Record did not support trial court's judgment that mother's premarital sexual activity or burden father acquired to visit children because mother moved to Tennessee to marry new husband justified change of custody from children's mother to father.

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Dixon v. City of Mobile, CR-02-0669, COURT OF CRIMINAL APPEALS OF ALABAMA, March 21, 2003, Released
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Overview: Appeal from dismissal of de novo appeal from a conviction for violation of ordinance was dismissed; as there was no statute or rule authorizing appeal from trial court's refusal to reinstate de novo appeal, there was no right to appeal that ruling.

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Duke v. State, CR-98-1218, COURT OF CRIMINAL APPEALS OF ALABAMA, March 21, 2003, Released
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Overview: Death sentence complied with Ring as the jury had been instructed it could recommend death only if it unanimously found the existence of an aggravating circumstance, and the "heinous and cruel" aggravator was the only one on which it was instructed.

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Ex parte Deramus, 1012372, SUPREME COURT OF ALABAMA, March 21, 2003, Released
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Overview: Circuit court erred in denying defendant's writ of habeas corpus for failure to comply with statutory pleading requirements since the supreme court found that the petition complied with said requirements.

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