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   State Courts - Alabama - April 30, 2004

  
Dunn v. Dunn, 2020994, COURT OF CIVIL APPEALS OF ALABAMA, April 30, 2004, Filed
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Overview: Trial court did not err in failing to order a wife to pay child support, given the parties' income differential, but, where the amount of the husband's retirement benefits subject to division was not shown, a split of the benefits was reversed.

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Ex parte Parks, 1030244, SUPREME COURT OF ALABAMA, April 30, 2004, Released
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Overview: Defendant waived his right to contest the validity of his guilty plea on appeal because he did not request to withdraw his plea or seek other relief from the trial court.

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Giles v. State, CR-00-0376, COURT OF CRIMINAL APPEALS OF ALABAMA, April 30, 2004, Released
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Overview: Circuit court correctly denied defendant's postconviction petition, as the prosecution did not withhold exculpatory evidence and defendant was not denied the effective assistance of counsel at all stages of his murder trial and at sentencing.

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Glass v. State, CR-03-0136, COURT OF CRIMINAL APPEALS OF ALABAMA, April 30, 2004, Released
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Overview: Where defendant's claim of incompetence in a third postconviction petition was different than the issue raised in his first petition, the third petition was not subject to procedural bars.

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Henson v. HealthSouth Med. Ctr., Inc., 1022064, SUPREME COURT OF ALABAMA, April 30, 2004, Released
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Overview: Trial court erred when it dismissed a taxpayer's action challenging industrial board's decision granting tax abatement because court's decision precluded taxpayer from showing that board's decision would affect his taxes, giving him standing to sue.

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Horn v. State, CR-02-1938, COURT OF CRIMINAL APPEALS OF ALABAMA, April 30, 2004, Released
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Overview: Defendant was entitled to an acquittal on the charge of first-degree criminal mischief, where the State failed to establish that he did not have a right to damage the vehicle at issue or a reasonable ground to believe that he had such a right.

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Hunt Petroleum Corp. v. State, 1011762, SUPREME COURT OF ALABAMA, April 30, 2004, Decided
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Overview: Corporation was entitled to judgment as a matter of law on the State's fraud claims against it, where the State failed to establish that it reasonably relied on the alleged fraudulent misrepresentations made against it under a lease agreement.

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Lord v. Lord, 2021071, COURT OF CIVIL APPEALS OF ALABAMA, April 30, 2004, Released
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Overview: Order transferring two children from their father's custody was reversed as the mother failed to show that the change would materially promote the children's best interests; the mother failed to provide evidence of drug charges against the father.

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Massey v. Massey, 1030086, SUPREME COURT OF ALABAMA, April 30, 2004, Released
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McConico v. Ala. Dep't of Corr., CR-03-0287, COURT OF CRIMINAL APPEALS OF ALABAMA, April 30, 2004, Released
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Overview: Inmate failed to show maliciousness or bad faith on the part of the DOC in his custody reclassification; there was no evidence indicating the DOC acted maliciously or in bad faith in reclassifying him.

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