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   State Courts - Alabama - April 27, 2001

  
A & B Check Cashing, Inc. v. Bess, 1990919, 1990951, 1990997, SUPREME COURT OF ALABAMA, April 27, 2001, Released
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Adams v. State, CR-98-1932, COURT OF CRIMINAL APPEALS OF ALABAMA, April 27, 2001, Released
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Overview: Imposition of maximum sentence for marijuana possession was not preserved for review, but was within statutory range, and there was no evidence the trial court abused discretion, nor was the sentence disproportionate to the offense.

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Anderson v. State, CR-99-1964, COURT OF CRIMINAL APPEALS OF ALABAMA, April 27, 2001, Released
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Overview: Remand was required to reinstate original second-degree kidnapping conviction based on appellant's guilty plea as trial court lacked jurisdiction to either vacate his first-degree kidnapping conviction or render judgment on that charge.

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AutoZone, Inc. v. Leonard, 1991293, 1991301, SUPREME COURT OF ALABAMA, April 27, 2001, Released
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Overview: Evidence of plaintiff's mental anguish and emotional distress supported trial court's compensatory damage award as remitted, in wrongful termination case; analysis of relevant factors supported punitive damage award and judgment, as remitted.

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Bass v. State, CR-99-1825, COURT OF CRIMINAL APPEALS OF ALABAMA, April 27, 2001, Released
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Overview: Although some of appellant's claims were precluded from review, his claim of ineffective assistance of trial counsel was not.

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Byrd v. Southeast Enters., Inc., 1992235 and 1992236, SUPREME COURT OF ALABAMA, April 27, 2001, Released
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Overview: In dispute involving the redemption of foreclosed property, junior mortgagee had the right to redeem, but trial court improperly used preamendment statute to calculate redemption price.

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C.A. v. State, CR-00-0275, COURT OF CRIMINAL APPEALS OF ALABAMA, April 27, 2001, Released
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Overview: Because the trial court's probation revocation order did not state the evidence relied upon or list specific reasons for the revocation, the appellate court remanded the case to the trial court for it to make written findings.

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Cong. Life Ins. Co. v. Barstow, 1990874, SUPREME COURT OF ALABAMA, April 27, 2001, Released
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Overview: Because plaintiff did not present substantial evidence indicating defendant breached its contract of insurance when it initially refused to preauthorize surgery for plaintiff's daughter, plaintiff's bad-faith claim against defendant also failed.

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Driskill v. Culliver, 2000325, COURT OF CIVIL APPEALS OF ALABAMA, April 27, 2001, Released
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Overview: Dismissal of inmate's preaction discovery motion concerning his possible civil-rights claim was reversed and the matter remanded for application of appropriate standard. Inmate had not stated a claim, but was only trying to determine if he could.

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Dutton v. State, CR-00-0301, COURT OF CRIMINAL APPEALS OF ALABAMA, April 27, 2001, Released
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Overview: Circuit court had no jurisdiction where indictment alleged only misdemeanor; rather, district court had exclusive original jurisdiction of misdemeanor prosecutions for traffic infractions, even when indictment was returned.

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