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   State Courts - Alabama - May 30, 2003

  
Aetna Life Ins. Co. v. Character, 1020068, SUPREME COURT OF ALABAMA, May 30, 2003, Released
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Overview: A judgment amendment while an appeal was pending was a nunc pro tunc correction. The court erred awarding long-term disability benefits where a worker was performing a reasonable occupation as defined by the long-term disability plan.

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Allen v. City of Dothan, CR-02-0760, COURT OF CRIMINAL APPEALS OF ALABAMA, May 30, 2003, Released
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Overview: Where it was unclear if a trial court held a probation revocation hearing and an entry in the case action summary did not list the evidence relied upon to revoke a probationer's suspended sentence, the matter had to be remanded.

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Beard v. State, CR-01-2230, COURT OF CRIMINAL APPEALS OF ALABAMA, May 30, 2003, Released
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Overview: It could not be determined from the trial court's revocation order whether probation was revoked because of four new offenses or because the probationer disobeyed probation officer's instruction not to go to his girlfriend's residence.

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Beckham v. State, CR-01-2589, COURT OF CRIMINAL APPEALS OF ALABAMA, May 30, 2003, Decided
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Overview: Any error during a probation hearing was harmless where there was sufficient evidence that defendant violated probation with his drug possession, but the revocation order on revocation failed to properly specify the evidence, requiring remand.

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Blount v. State, CR-01-2622, COURT OF CRIMINAL APPEALS OF ALABAMA, May 30, 2003, Decided
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Overview: There was sufficient evidence of intent to convict defendant of murder. Although there was evidence that defendant was provoked, defendant testified that he had sufficient time to cool down before shooting the victim.

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Bolan v. State, CR-02-0802, COURT OF CRIMINAL APPEALS OF ALABAMA, May 30, 2003, Released
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Overview: Where a trial court did not make findings concerning the basis for enhancing defendant's DUI conviction and counsel did not object to the use of prior uncounseled convictions, summary dismissal of defendant's postconviction petition was erroneous.

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Bonds v. State, CR-02-0045, COURT OF CRIMINAL APPEALS OF ALABAMA, May 30, 2003, Decided
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Cruitt v. State, CR-02-0443, COURT OF CRIMINAL APPEALS OF ALABAMA, May 30, 2003, Decided
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Overview: Trial court's probation revocation order improperly did not refer to violation defendant confessed to. Previous modification of defendant's sentence was void, as his motion was untimely, so subsequent revocation of probation granted therein was void.

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Deramus v. State, CR-00-2420, COURT OF CRIMINAL APPEALS OF ALABAMA, May 30, 2003, Released
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Edwards v. State, CR-02-0353, COURT OF CRIMINAL APPEALS OF ALABAMA, May 30, 2003, Decided
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Overview: Where an inmate mislabeled a petition as a writ for habeas corpus relief instead of for certiorari, the trial court reviewed the petition on the wrong basis; in addition, the writ had been filed in the wrong venue.

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