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   State Courts - Alabama - May 26, 2000

  
Hobart Corp. v. Scoggins, 1980195, SUPREME COURT OF ALABAMA, May 26, 2000, Released
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Overview: Compensatory damages were proper for meat cutter who cut off his finger while using manufacturer's meat cutting saw, as he showed wantonness. Punitive damages were reversed as meat cutter failed to show manufacturer's knowledge of danger.

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Hobbs v. Alabama Power Co., 1981160, SUPREME COURT OF ALABAMA, May 26, 2000, Released
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Jones v. State, CR-99-0778, COURT OF CRIMINAL APPEALS OF ALABAMA, May 26, 2000, Released
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Overview: Claims of ineffective assistance as to appellate counsel were precluded, but claims as to trial counsel were not. Postconviction proceeding was appellant's first opportunity to raise claim as to trial counsel's performance.

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Jones v. State, CR-99-0901, COURT OF CRIMINAL APPEALS OF ALABAMA, May 26, 2000, Released
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Overview: Trial court was without authority to consider petitioner's habeas corpus relief petition because it was not the court where underlying conviction occurred; thus, the cause had to be transferred to the court where the conviction was entered.

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Lane v. State, CR-99-0779, COURT OF CRIMINAL APPEALS OF ALABAMA, May 26, 2000, Released
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Overview: Where appellant's claim of ineffective assistance of appellate counsel was sufficiently detailed to meet the burden of proof for such a claim, the trial court erred in summarily dismissing appellant's claim.

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Leeth v. Jim Walter Homes, Inc., 2981435, COURT OF CIVIL APPEALS OF ALABAMA, May 26, 2000, Decided
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Living v. State, CR-98-1326, COURT OF CRIMINAL APPEALS OF ALABAMA, May 26, 2000, Released
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Overview: One of two convictions for capital murder was vacated, but remaining conviction affirmed; evidence did not support instruction on heat-of-passion manslaughter, appellant's statements were voluntary, and change of venue was not required.

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Macewan v. State, CR-99-0463, COURT OF CRIMINAL APPEALS OF ALABAMA, May 26, 2000, Released
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Matthews v. Alabama Agric. & Mech. Univ., 1981259, SUPREME COURT OF ALABAMA, May 26, 2000, Released
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Overview: When student sued university and officials, summary judgment was properly granted to university because it made a showing of immunity; summary judgment for officials was improper because they failed to make a prima facie case of immunity.

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Maxwell v. State, CR-97-2150, COURT OF CRIMINAL APPEALS OF ALABAMA, May 26, 2000, Released
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Overview: Capital murder convictions and death sentence affirmed. Defendant's confession was voluntary. Sufficient evidence supported convictions. Imperfect Allen charge did not demand reversal. If nonresponsive, witness's answer was not prejudicial.

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