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   State Courts - Alabama - April 26, 2002

  
Oates v. State DOT, 2010058, COURT OF CIVIL APPEALS OF ALABAMA, April 26, 2002, Released
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Overview: On property owners' appeal of a condemnation award, testimony of owners' experts would have been largely cumulative to other testimony, and owners cited no authority requiring court to provide VCR in jury-deliberation room.

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Patterson v. State, CR-00-2603, COURT OF CRIMINAL APPEALS OF ALABAMA, April 26, 2002, Released
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Overview: Defendant's conviction for possession of explosives and conspiracy to murder was affirmed, as evidence showed blasting caps were explosives, and fact that defendant's "co-conspirator" was police informant with no intent to murder was immaterial.

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Peterson v. State, CR-00-1417, COURT OF CRIMINAL APPEALS OF ALABAMA, April 26, 2002, Released
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Overview: Circuit court's actions on remand were void where it set aside convictions and sentences for felony-murder and first-degree robbery and reinstated original indictment instead of following appellate court's remand order. New remand was ordered.

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Polk v. State, CR-01-0539, COURT OF CRIMINAL APPEALS OF ALABAMA, April 26, 2002, Released
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Procise v. Marler, 2000749, COURT OF CIVIL APPEALS OF ALABAMA, April 26, 2002, Released
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Overview: Trial court improperly denied mother's motion to alter, amend, or vacate judgment, which found that father was not liable for postminority child support, without hearing. Motion had probable merit; father agreed to pay disputed child support.

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Radney v. State, CR-00-2083, COURT OF CRIMINAL APPEALS OF ALABAMA, April 26, 2002, Released
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Overview: State failed to prove constructive possession of drug paraphernalia where there was no evidence, other than defendant's ownership of and presence in vehicle, showing defendant had knowledge of drug paraphernalia in bag.

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Scrushy v. State, CR-00-2441, COURT OF CRIMINAL APPEALS OF ALABAMA, April 26, 2002, Released
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Overview: Defendant's pro se appeal of his convictions was dismissed, and his case was remanded to the circuit court, as defendant failed to comply with the criminal rule requirements of filing a proper stipulation of facts and an adequate record.

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Smith v. State, CR-00-2388, COURT OF CRIMINAL APPEALS OF ALABAMA, April 26, 2002, Released
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Overview: Trial court properly denied motion to withdraw guilty pleas where record showed defendant's guilty pleas were made knowingly, intelligently, and voluntarily, and sufficient factual basis supported guilty pleas.

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Taylor v. State, CR-00-2371, COURT OF CRIMINAL APPEALS OF ALABAMA, April 26, 2002, Released
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Toles v. State, CR-00-2607, COURT OF CRIMINAL APPEALS OF ALABAMA, April 26, 2002, Released
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Overview: Defense counsel's objection to trial court's rejection of proposed jury instructions was preserved for review because the trial court by its comments showed that it understood the objection which it rejected.

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