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   State Courts - Alabama - April 27, 2001

  
Mims v. State, CR-99-2088, COURT OF CRIMINAL APPEALS OF ALABAMA, April 27, 2001, Released
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Overview: Evidence was sufficient to find defendant guilty of burglary and stalking where defendant repeatedly followed, harassed, and threatened victim and was under a restraining order when he entered victim's dwelling and beat her.

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Mock v. State, CR-00-0331, COURT OF CRIMINAL APPEALS OF ALABAMA, April 27, 2001, Released
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Overview: Because the record did not contain the guilty-plea form, the appellate court was unable to determine whether appellant was advised of the sentencing range and nature of the offense. Therefore, it remanded for specific findings of fact.

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Modern Woodmen of Am. v. McElroy, 1990656, 1990657, SUPREME COURT OF ALABAMA, April 27, 2001, Released
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Overview: Arbitration of claim of fraudulent purchase of policies by insurance agent was not required under equitable estoppel as only one contract had arbitration clause and all claims relating to that contract were dropped from suit.

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Oden v. Gulf States Steel, Inc., 2991094, COURT OF CIVIL APPEALS OF ALABAMA, April 27, 2001, Released
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Overview: Denial of workers' compensation benefits for a repetitive trauma to the cervical spine was proper where worker's evidence indicated that he might have had, or possibly had, a work-related condition.

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Pless v. State, CR-00-0655, COURT OF CRIMINAL APPEALS OF ALABAMA, April 27, 2001, Released
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Overview: Robbery in second degree was not lesser-included offense of robbery in first degree; therefore, on remand, if the trial court determined appellant acted alone then it was without jurisdiction to accept his guilty plea.

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Powell v. State, CR-99-0945, COURT OF CRIMINAL APPEALS OF ALABAMA, April 27, 2001, Released
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Overview: The arresting officer's testimony was sufficient to prove the substance seized from appellant's vehicle was marijuana. It was not necessary to establish separate proof of the presence of THC by forensic testing to sustain the conviction.

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Proctor v. City of Prattville, CR-99-1768, COURT OF CRIMINAL APPEALS OF ALABAMA, April 27, 2001, Released
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Overview: Convictions for sexual abuse in the second degree remanded because prosecution's explanations for preemptory strikes against male venire members failed to present gender-neutral explanations for exercising the strikes.

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Riddlesprigger v. State, CR-00-0542, COURT OF CRIMINAL APPEALS OF ALABAMA, April 27, 2001, Released
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Overview: Motion to suppress drug evidence properly denied where officers had reasonable suspicion of criminal activity and search of baseball cap within scope of investigatory search where officers articulated reasonable justifications.

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State Educ. Ass'n v. Black, 2000150, COURT OF CIVIL APPEALS OF ALABAMA, April 27, 2001, Released
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Overview: Upon remand to determine if teacher's submittal of attorney's hours to education association for reimbursement for suit against employer was reasonable, teacher was awarded money. Case remanded again due to reasonable number of hours fact issue.

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State v. Moore, CR-00-1363, COURT OF CRIMINAL APPEALS OF ALABAMA, April 27, 2001, Released
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Overview: Appellate court did not receive notice of appeal until after the seven-day time period provided by the criminal procedure rules. Thus, appellate court did not have jurisdiction to consider appeal. The appeal was dismissed.

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