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   State Courts - Alabama - May 25, 2001

  
Allen v. State, CR-00-0647, COURT OF CRIMINAL APPEALS OF ALABAMA, May 25, 2001, Released
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Overview: Inmate's motion to amend postconviction relief petition was not timely filed, though prison officials received it six days before trial court, as it was not received by trial court until after that court had issued its order denying the petition.

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Am. Gen. Fin., Inc. v. Morton, 1991999, SUPREME COURT OF ALABAMA, May 25, 2001, Released
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Overview: Because a real estate transaction between the parties did not have a "substantial effect" on interstate commerce, federal arbitration law was inapplicable and a predispute arbitration agreement signed by the parties was unenforceable.

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B.W. v. State, CR-99-2117, COURT OF CRIMINAL APPEALS OF ALABAMA, May 25, 2001, Released
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Overview: Juvenile's determinate sentence to a youth facility, and the trial court's order, which complied with all relevant requirements, obviated the need for a review of juvenile's sentence within two years from the original date of the order.

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Baker v. State, CR-00-0155, COURT OF CRIMINAL APPEALS OF ALABAMA, May 25, 2001, Released
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Overview: Double jeopardy claim and nonjurisdictional claim involving a minor variance between indictment and oral jury charge could not be raised in appellant's postconviction relief petition, as they could have been raised at trial and on direct appeal.

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Bellsouth Mobility, Inc. v. Cellulink, Inc., 1990082, 1990224, SUPREME COURT OF ALABAMA, May 25, 2001, Released
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Overview: Defendant could not commit intentional interference with a contract to which it was a party. Plaintiff could not show how it was excused from performance under a contract when the other contracting party met its contractual obligations.

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Butler v. State, CR-00-0066, COURT OF CRIMINAL APPEALS OF ALABAMA, May 25, 2001, Released
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Carter v. State, 1992225, SUPREME COURT OF ALABAMA, May 25, 2001, Released
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Overview: Defendant convicted of intentional murder and manslaughter was not entitled to jury instruction on self-defense because she failed to retreat from confrontation in which victims were killed.

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Craig v. State, CR-00-0613, COURT OF CRIMINAL APPEALS OF ALABAMA, May 25, 2001, Released
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Overview: Denial of post-conviction relief without explanation was improper. Juvenile defendant claimed ineffective assistance of counsel for failing to file a motion to suppress since he was not advised of right to communicate with a parent or guardian.

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Davis v. State, CR-99-2431, COURT OF CRIMINAL APPEALS OF ALABAMA, May 25, 2001, Released
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Overview: When the county grand jury returned an indictment, circuit court's jurisdiction was invoked and a subsequent dismissal of a felony DUI charge did not divest the circuit court of its jurisdiction over the remaining misdemeanor charges.

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Dorsey v. State, CR-97-1522, COURT OF CRIMINAL APPEALS OF ALABAMA, May 25, 2001, Released
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Overview: Appellant's case was remanded to correct sentencing order to specifically designate evidence of nonstatutory mitigating circumstances and why trial court did not follow jury's recommendation regarding life imprisonment, instead of death.

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