Alabama, May, 2002, State Case law | lexisONE® Community

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State Courts - Alabama - May 31, 2002

Ala. Disposal Solutions-Landfill v. Town of Lowndesboro, 2000294, 2000324, 2000633, COURT OF CIVIL APPEALS OF ALABAMA, May 31, 2002, Released
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Overview: State environmental agency's adoption of solid-waste plan and related lift of stay of proceedings involving permit meant appeal by it and solid-waste disposal business was moot, and town's ordinance that conflicted with state law was invalid.

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Alaplex Transp., Inc. v. Rossen, 2000826, COURT OF CIVIL APPEALS OF ALABAMA, May 31, 2002, Released
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Overview: Order awarding temporary-total-disability and permanent-partial-disability benefits to truck driver was reversed, where lessee, as common carrier, was immune where it entered into contract with owner-operator for the use of its trucks.

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Allen v. State, CR-01-0516, COURT OF CRIMINAL APPEALS OF ALABAMA, May 31, 2002, Released
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Bowman v. State, CR-01-0797, COURT OF CRIMINAL APPEALS OF ALABAMA, May 31, 2002, Released
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Overview: If defendant acted alone, then second-degree robbery was not lesser included offense of first-degree robbery and trial court lacked jurisdiction to accept guilty pleas to second-degree robberies after indictments charged first-degree robberies.

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Burgin v. State, CR-00-1645, COURT OF CRIMINAL APPEALS OF ALABAMA, May 31, 2002, Released
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Overview: Trial court did not make specific findings regarding whether the venire was sworn or what the defense and prosecution knew concerning a witness's prior inconsistent statement when the witness was impeached by the State.

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Calloway v. State, CR-01-0771, COURT OF CRIMINAL APPEALS OF ALABAMA, May 31, 2002, Released
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Overview: Because Apprendi did not require that enhancements be charged in an indictment, the trial court properly denied defendant's postconviction petition. The trial court did not have jurisdiction to split defendant's sentence.

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Coughlin v. State, CR-00-2610, COURT OF CRIMINAL APPEALS OF ALABAMA, May 31, 2002, Released
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Overview: Non-indigent defendant was properly allowed to represent himself, despite trial court's failure to apprise him of disadvantages of doing so and that he could withdraw any waiver; appeals court took judicial notice of defendant's legal experience.

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Duke v. State, CR-98-1218, COURT OF CRIMINAL APPEALS OF ALABAMA, May 31, 2002, Released
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Overview: In capital murder case, trial court did not abuse its discretion in denying change of venue or trying defendant as adult, and it properly ruled on challenges to jury panel, but it did not explain why murders were heinous, atrocious and cruel.

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Ex parte Drummond Co., 1001929, SUPREME COURT OF ALABAMA, May 31, 2002, Released
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Overview: Employee failed to present substantial evidence indicating that the effects of the loss of a member extended to other parts of his body and interfered with their efficiency. Occasional swelling did not qualify.

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Ex parte James, 1950030, 1950031, 1950240, 1950241, 1950408, and 1950409, SUPREME COURT OF ALABAMA, May 31, 2002, Released
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Overview: Under state constitutional provision requiring separation of powers, cases challenging the constitutionality of the state's system for financing public education were dismissed, as the legislature was the appropriate forum for the issue.

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