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   State Courts - Alabama - April 25, 2003

  
ATS, Inc. v. Beddingfield, 1011474, 1011475, 1011476, SUPREME COURT OF ALABAMA, April 25, 2003, Released
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Overview: Administrator was not liable for an employee's negligent and reckless actions under the loaned servant doctrine under Tennessee law where employee was acting at direction of the employer, who had contracted with administrator, at time of accident.

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Ala. Dep't of Mental Health & Mental Retardation ex rel. McClothan v. State, CR-01-1508, COURT OF CRIMINAL APPEALS OF ALABAMA, April 25, 2003, Released
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Overview: Application for rehearing regarding the dismissal of the state mental health agency's motion seeking to release the insanity acquittee had to be overruled, as neither statutory law nor rules of criminal procedure permitted such an appeal.

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Alfa Life Ins. Corp. v. Hughes, 1011091, SUPREME COURT OF ALABAMA, April 25, 2003, Released
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Overview: Although the policyholders met their burden of proving the predominance of certain issues, because individual issues predominated over the common claims, manageability difficulties rendered the case unfit for class certification.

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B.B. v. State, CR-01-2583, COURT OF CRIMINAL APPEALS OF ALABAMA, April 25, 2003, Released
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Overview: Where a juvenile threatened to kill his teacher, and the words did not rise to the level of fighting words, where the teacher felt threatened and in danger, and despite a lack of means to carry out the threat, harassment adjudication was upheld.

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Baker v. Baker, 2011118, COURT OF CIVIL APPEALS OF ALABAMA, April 25, 2003, Released
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Overview: Wife was foreclosed from obtaining relief from a divorce decree because she filed her motion alleging duress in the signing of the settlement agreement 16 months after the divorce and there were no extraordinary circumstances justifying relief.

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Baldwin v. Estate of Baldwin, 1011220, SUPREME COURT OF ALABAMA, April 25, 2003, Released
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Overview: Trial court erred in granting summary judgment to defendants in a widow's action for a declaration of the assets in a trust upon the settlor's death; issues of fact existed as to the validity of the trust and as to the assets in the trust.

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Bowman v. State, CR-01-1977, COURT OF CRIMINAL APPEALS OF ALABAMA, April 25, 2003, Released
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Boykins v. State, CR-01-0659, COURT OF CRIMINAL APPEALS OF ALABAMA, April 25, 2003, Released
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Overview: Where defendant's appeal was improperly treated as a petition for a writ of habeas corpus rather than a writ of certiorari, the matter had to be transferred to the correct circuit court, where it was to be treated as an administrative appeal.

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Bracknell v. State, CR-02-0093, COURT OF CRIMINAL APPEALS OF ALABAMA, April 25, 2003, Released
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Overview: Appellate counsel was not ineffective for not arguing that trial counsel was ineffective, as prisoner agreed that she would not raise that claim. Prisoner's claim of ineffective trial counsel also failed absent facts showing prejudice to his defense.

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C.J.L. v. Jefferson County Dep't of Human Res., 2010214, COURT OF CIVIL APPEALS OF ALABAMA, April 25, 2003, Released
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