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   State Courts - Alabama - July 3, 2002

  
Ex parte Estate of Cook, 1010711, SUPREME COURT OF ALABAMA, July 3, 2002, Released
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Overview: When defendant died before he could be retried after his trial ended in a hung jury, after he pursued a trial de novo as of right in the circuit court, having been convicted in the municipal court, his conviction abated from its inception.

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Lambert v. Ala. Dep't of Mental Health & Mental Retardation (ex Parte Ala. Dep't of Mental Health & Mental Retardation), 1011080, SUPREME COURT OF ALABAMA, July 3, 2002, Released
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Overview: The trial court abused its discretion in ordering production of law enforcement investigative report before administratrix made showing that she could not, without undue hardship, obtain substantial equivalent of information in report.

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Triple D Trucking v. Tri Sands, 1010553, SUPREME COURT OF ALABAMA, July 3, 2002, Released
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Overview: Though defendants showed meritorious defense, they made no showing that plaintiffs would not be unfairly prejudiced if default judgment was set aside, or that their negligence was excusable; thus, trial court was not obliged to set aside default.

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Vick v. Ala. Dep't of Mental Health & Mental Retardation (ex Parte Ala. Dep't of Mental Health & Mental Retardation), 1011081, SUPREME COURT OF ALABAMA, July 3, 2002, Released
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Overview: Mental health department was granted mandamus relief to vacate order requiring it to disclose its investigative bureau's report regarding retarded person's injuries; absent special showing, report was statutorily protected from civil subpoena.

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