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   State Courts - Alabama - April 30, 2004

  
Alexander v. State, 2021143, COURT OF CIVIL APPEALS OF ALABAMA, April 30, 2004, Released
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Overview: Trial court's finding that vehicle's owner knew, or should have known, that defendant would have used vehicle in violation of the Alabama Uniform Controlled Substances Act was not plainly wrong in light of defendant's previous drug convictions.

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Barber v. Moore, 2030038, COURT OF CIVIL APPEALS OF ALABAMA, April 30, 2004, Released
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Overview: Trial court's pendante lite order impermissibly shifted burden of meeting standard to justify a change in custody to the mother; presumption favoring her as the custodial parent eroded after trial court's order and allowing father to return to court.

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Bargeron v. State, CR-03-0119, COURT OF CRIMINAL APPEALS OF ALABAMA, April 30, 2004, Released
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Overview: Trial court properly denied defendant post-conviction relief on her non-jurisdictional claims. But, where her trial counsel failed to appear at a restitution hearing, the matter was remanded for a new hearing requiring counsel to be present.

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Brown v. State, CR-03-0309, COURT OF CRIMINAL APPEALS OF ALABAMA, April 30, 2004, Released
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Overview: Trial court erred when it found that an inmate's petition for postconviction relief was barred because he could have raised his claim that he was denied effective assistance of counsel after his counsel filed an Anders brief during direct appeal.

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Canada v. Goode, 2020038, COURT OF CIVIL APPEALS OF ALABAMA, April 30, 2004, Filed
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Casey v. State, CR-01-2572, COURT OF CRIMINAL APPEALS OF ALABAMA, April 30, 2004, Released
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Chi. Title Ins. Co. v. Am. Guar. & Liab. Ins. Co., 1022001, SUPREME COURT OF ALABAMA, April 30, 2004, Released
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Overview: Where an insured attorney was not included as a necessary party in a title company's action to collect insurance proceeds from the attorney's professional liability insurer, the trial court erred in granting summary judgment to the insurer.

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City of Gadsden v. Johnson , 2021212/2030172, COURT OF CIVIL APPEALS OF ALABAMA, April 30, 2004, Released
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Overview: Trial court erred in taking new evidence on workers' compensation claimant's first injury and intermingling it with evidence pertaining to another injury where the remand order remanded the case on the first injury "for further proceedings."

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Corporate Waste Alternatives, Inc. v. McLane Cumberland, Inc., 1021825, SUPREME COURT OF ALABAMA, April 30, 2004, Released
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Overview: Texas corporation that hired Alabama corporation to provide waste-management services at its facility in Kentucky had enough contacts with Alabama for Alabama trial court to exercise jurisdiction in Alabama corporation's breach of contract action.

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Davis v. State, CR-02-0729, COURT OF CRIMINAL APPEALS OF ALABAMA, April 30, 2004, Released
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