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   State Courts - Alabama - May 25, 2007

  
F.I. v. State Dep't of Human Res., 2051079, COURT OF CIVIL APPEALS OF ALABAMA, May 25, 2007, Released
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Fleming v. State, 1060461, SUPREME COURT OF ALABAMA, May 25, 2007, Released
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Overview: Although the Court of Criminal Appeals erred in holding that reversal of the trial court's judgment convicting defendant of two misdemeanor offenses was required, because the record did not contain a transcript of the guilty-plea colloquy, its reversal of the trial court's judgment was nonetheless proper under Ala. R. Crim. P. 14.4.

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Hollaway v. State, CR-05-2165, COURT OF CRIMINAL APPEALS OF ALABAMA, May 25, 2007, Decided
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Overview: Case was remanded as by splitting possession of various drugs into separate offenses, defendant's double-jeopardy rights were violated. Statutory requirements for possession of controlled substance under Ala. Code ? 13A-12-212 contained same elements for possession of methamphetamine and of anti-anxiety drug. Both drugs were seized in same search.

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Jenkins v. State, CR-05-1577, COURT OF CRIMINAL APPEALS OF ALABAMA, May 25, 2007, Decided
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Jett v. Lawyers Title Ins. Corp., 2050989, COURT OF CIVIL APPEALS OF ALABAMA, May 25, 2007, Released
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Madden v. State, 1051078, SUPREME COURT OF ALABAMA, May 25, 2007, Released
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Mayo v. Lawter, 2060383, COURT OF CIVIL APPEALS OF ALABAMA, May 25, 2007, Released
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Overview: Because the clear and unambiguous language of Ala. Code ??8-8-10 compelled the trial court to grant a claimant's request for postjudgment interest on a judgment entered in her favor, the trial court erred in denying her request for the same.

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Pennington v. State Dep't of Revenue, 2051064, COURT OF CIVIL APPEALS OF ALABAMA, May 25, 2007, Released
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Poole v. State, CR-05-1846, COURT OF CRIMINAL APPEALS OF ALABAMA, May 25, 2007, Decided
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Overview: Because defendant's postconviction relief claim that the denial of his two prior Ala. R. Crim. P. 32 petitions was through no fault of his own was not time-barred, was sufficiently pled, and was unrefuted by the State, he was entitled to an opportunity to prove his claim. Thus, the trial court erred in summarily denying the same.

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Reeves v. State, CR-05-2355, COURT OF CRIMINAL APPEALS OF ALABAMA, May 25, 2007, Decided
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Overview: A criminal defendant was held to have a fundamental constitutional right to testify on his behalf, which right was personal and not subject to waiver by defense counsel. Defendant's conviction for burglary was reversed since he was rendered ineffective assistance of counsel as a result of being prevented from testifying on his own behalf.

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