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   State Courts - Alabama - March 22, 2002

  
K.J.A. v. State, CR-00-0926, COURT OF CRIMINAL APPEALS OF ALABAMA, March 22, 2002, Released
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Long v. State, CR-00-1349, COURT OF CRIMINAL APPEALS OF ALABAMA, March 22, 2002, Released
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Overview: Trial court erred in allowing State to question sheriff about defendant's reputation for violence at his murder trial as defendant never voluntarily placed his character in issue, and the error was not cured by the fact that he testified.

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Miller & Miller Constr. Co. v. Madewell, 2000683, COURT OF CIVIL APPEALS OF ALABAMA, March 22, 2002, Released
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Overview: Evidence did not support trial court's denial of employer's subrogation claim for future medical expenses, as portion of employee's third-party settlement was attributable to future medical expenses, although amounts projected were in dispute.

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O.T. v. State, CR-01-0070, COURT OF CRIMINAL APPEALS OF ALABAMA, March 22, 2002, Released
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Overview: Claim by Alabama probationer that evidence was insufficient to support revocation was not preserved for review; due process did require, however, that revocation order clearly state reasons for revocation.

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Pratt v. State, CR-00-2495, COURT OF CRIMINAL APPEALS OF ALABAMA, March 22, 2002, Released
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Overview: Although defendant waived his right to be present during sentencing by voluntarily fleeing jurisdiction, he could not have waived his right to counsel during sentencing unless he did so in writing or on record.

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Rice v. State, CR-00-2647, COURT OF CRIMINAL APPEALS OF ALABAMA, March 22, 2002, Released
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Ryan v. Hayes, 1001578, 1001630, 1001631, SUPREME COURT OF ALABAMA, March 22, 2002, Released
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Overview: Summary judgment for correctional facility staff in negligence suit brought by victims of escaped inmate was reversed and remanded. A precedent on parole officer general non-liability had been too broadly phrased as applying to all officials.

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Smith v. State, CR-00-2214, COURT OF CRIMINAL APPEALS OF ALABAMA, March 22, 2002, Released
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Overview: Statutory amendment permitting trial court to suspend enhanced portion of drug sentence was not retroactive. Trial court lacked jurisdiction to suspend sentence and did not comply with remand instructions, resulting in second remand.

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Strickland v. State, CR-01-0719, COURT OF CRIMINAL APPEALS OF ALABAMA, March 22, 2002, Released
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Overview: District court was court of record, and adequate record needed to be provided before appellate court acquired jurisdiction. Defendant should have requested court reporter. Without adequate record, case was transferred to district court.

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Wal-Mart Stores v. Morgan, 2001139, COURT OF CIVIL APPEALS OF ALABAMA, March 22, 2002, Released
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Overview: Trial court erred in awarding employee workers' compensation; since employee could not explain why she lost her balance at work and fell, injuring her hip, she failed to meet her burden of proving causal connection between injury and her work.

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