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   State Courts - Alabama - April 28, 2000

  
Mills v. State, CR-99-0628, COURT OF CRIMINAL APPEALS OF ALABAMA, April 28, 2000, Released
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Overview: The dismissal of appellant's petition for a writ of habeas corpus was remanded so appellant could refile as a petition for post conviction relief in the convicting court.

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Montgomery v. State, CR-98-2113, COURT OF CRIMINAL APPEALS OF ALABAMA, April 28, 2000, Released
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Overview: Murder conviction of appellant who claimed the insanity defense was reversed, because State's lucid-interval jury instruction was not supported by evidence at trial.

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Norwood v. State, CR-99-0839, COURT OF CRIMINAL APPEALS OF ALABAMA, April 28, 2000, Released
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Overview: Dismissal of appellant's habeas corpus petition was reversed and remanded because such claims were cognizable in a postconviction relief petition regardless of the lack of proper form.

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Oliver v. State, CR-99-0928, COURT OF CRIMINAL APPEALS OF ALABAMA, April 28, 2000, Released
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Overview: Hearsay testimony was admissible in prison disciplinary hearing; however, alone was insufficient to support a finding of guilt. Due process required decision not be arbitrary or capricious and based on some evidence of guilt.

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Patterson v. Patterson, 2981217, COURT OF CIVIL APPEALS OF ALABAMA, April 28, 2000, Released
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Overview: Responsibility for marital debts and home equity were not alimony and were thus discharged in bankruptcy, but materially changed circumstances were not shown to justify modification of alimony or reduction of child support.

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Pearson v. State, CR-98-2503, COURT OF CRIMINAL APPEALS OF ALABAMA, April 28, 2000, Released
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Overview: Appellant's original sentence consisting of concurrent term was reinstated because a recent Alabama Supreme Court ruling allowed concurrent sentencing when certain sentencing enhancement sections applied.

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Phillips v. State, CR-96-0001, COURT OF CRIMINAL APPEALS OF ALABAMA, April 28, 2000, Released
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Rowser v. State, CR-98-2369, COURT OF CRIMINAL APPEALS OF ALABAMA, April 28, 2000, Released
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Sanders v. Scott, 1981138, SUPREME COURT OF ALABAMA, April 28, 2000, Released
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Overview: In action involving multiple claims submitted to jury, circuit court erroneously instructed jury that plaintiff had to prove every element of complaint for recovery; such prejudicial error entitled plaintiff to new trial.

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Simmons v. State, CR-97-0768, COURT OF CRIMINAL APPEALS OF ALABAMA, April 28, 2000, Released
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Overview: Appellant's conviction for capital murder was affirmed. No error occurred in the admission of DNA evidence, testimony of an agent who believed the offense was sexually motivated, or photographs of the victim's body.

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