Alabama, May, 2003, State Case law | lexisONE® Community

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State Courts - Alabama - May 30, 2003

Gary v. Crouch, 1011192, SUPREME COURT OF ALABAMA, May 30, 2003, Released
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Overview: Summary judgment was improper on a police lieutenant's defamation claims against the police chief, but proper on her invasion of privacy claims. Finally, despite the fact that the trial judge's brother was a city councilman, recusal was unwarranted.

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Giles v. State, CR-01-2067, COURT OF CRIMINAL APPEALS OF ALABAMA, May 30, 2003, Released
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Overview: If defendant's claim that he was not sentenced as a habitual offender was true, his 15-year sentences exceeded the maximum allowed by law; therefore, the matter had to be remanded for a specific finding.

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Hitt v. State Pers. Bd., 1020498, SUPREME COURT OF ALABAMA, May 30, 2003, Released
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Overview: Motions for relief from judgment, and to alter, amend, or vacate a prior order involving pre-judgment interest, which raised issues unrelated to pre-judgment interest and failed to identify any clerical mistake, were properly denied.

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Lee v. State, CR-02-0549, COURT OF CRIMINAL APPEALS OF ALABAMA, May 30, 2003, Decided
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Lewis v. State, CR-99-1155, COURT OF CRIMINAL APPEALS OF ALABAMA, May 30, 2003, Released
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Overview: In a capital murder case, defendant was properly found competent to stand trial, "mtDNA" matching and population-frequency-statistical evidence was properly admitted, and a death sentence was properly imposed based on the jury's 10-2 recommendation.

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Mack Trucks, Inc. v. Witherspoon, 1992217, SUPREME COURT OF ALABAMA, May 30, 2003, Released
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Overview: Substantial evidence supported jury's verdict that truck driven by decedent and manufactured by appellant manufacturer was defective; punitive-damages award should have been reduced and should have amounted to no more than $ 6 million.

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Martin v. State, CR-99-2249, COURT OF CRIMINAL APPEALS OF ALABAMA, May 30, 2003, Released
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Overview: Appeals court affirmed defendant's conviction and death sentence for killing his wife to get insurance. Ring was not violated since jury found one aggravator for death, so trial court could override jury's life sentence suggestion to impose death.

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McGahee v. State, CR-00-2017, COURT OF CRIMINAL APPEALS OF ALABAMA, May 30, 2003, Released
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Overview: The inmate was not entitled to relief on the juror-misconduct claim, as he did not establish that trial counsel would have challenged the juror if the juror had responded accurately to the voir dire questions.

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Morris v. State, CR-02-0679, COURT OF CRIMINAL APPEALS OF ALABAMA, May 30, 2003, Released
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Overview: Because appellant's aggregate sentence was 20 years in prison, the trial court did not have jurisdiction to split his sentence.

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Mumpfield v. State, CR-01-2579, COURT OF CRIMINAL APPEALS OF ALABAMA, May 30, 2003, Released
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Overview: The trial court had jurisdiction to revoke probation, as probation had been extended and was still in effect when revocation occurred, and erred in not giving credit for time spent in custody before probation was revoked.

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