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   State Courts - Alabama - March 26, 2004

  
Taylor v. Taylor, 2020625, COURT OF CIVIL APPEALS OF ALABAMA, March 26, 2004, Released
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Overview: Trial court did not abuse its discretion in refusing to award a wife periodic alimony, or in refusing to order a husband to pay for her medical insurance, where she was physically capable of working and offered no evidence as to her earning capacity.

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Thompson v. Gardner, 2021084, COURT OF CIVIL APPEALS OF ALABAMA, March 26, 2004, Released
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Overview: Summary judgment grant to general contractors was proper, as application of four-factor test regarding spoliation of evidence dictated conclusion that homeowners' claims had to be dismissed because they allowed critical evidence to be destroyed.

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Thurmond v. City of Huntsville, 2010557, COURT OF CIVIL APPEALS OF ALABAMA, March 26, 2004, Released
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Overview: Trial court properly granted summary judgment to police officers and city on striking workers' tort claims because striking workers did not rebut presumption that discretionary immunity barred their claims, which also meant city could not be liable.

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Tomlin v. State, CR-98-2126, COURT OF CRIMINAL APPEALS OF ALABAMA, March 26, 2004, Released
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Overview: In compliance with the state supreme court's directions, defendant's case was remanded to the trial court to set aside defendant's death sentence and to sentence him to life imprisonment without the possibility of parole.

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Webster v. State, CR-01-1656, COURT OF CRIMINAL APPEALS OF ALABAMA, March 26, 2004, Released
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Overview: Defendants, construction company owner and two county commissioners, were properly convicted under Alabama's Code of Ethics for abuse of public office offenses because the State's evidence was sufficient to corroborate accomplice witness's testimony.

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White v. State, CR-03-0108, COURT OF CRIMINAL APPEALS OF ALABAMA, March 26, 2004, Released
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Overview: Where a trial court failed to properly apprise defendant of the minimum sentence that he was eligible to receive if he entered a guilty plea to his offense while having used a deadly weapon, the plea was deemed involuntary.

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Williams v. State, CR-03-0073, COURT OF CRIMINAL APPEALS OF ALABAMA, March 26, 2004, Released
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Overview: Because the trial court did not sufficiently state the reasons or the evidence relied upon for revoking defendant's probation, the matter was remanded for further proceedings.

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Williford v. Emerton, 1020616, SUPREME COURT OF ALABAMA, March 26, 2004, Released
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Overview: In denying defendants' motion to set aside punitive damages award as excessive, trial court violated Hammond by failing to enter written findings as to reasons for its ruling; therefore, case was remanded so that trial court could make such findings.

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Young v. State, CR-03-0116, COURT OF CRIMINAL APPEALS OF ALABAMA, March 26, 2004, Released
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Overview: Where a trial court merely stated that it was revoking defendant's probation and did not hold a revocation hearing, defendant was denied his constitutional and procedural rights to due process.

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