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   State Courts - Alabama - May 25, 2001

  
Havis v. Marshall County, 2991264, COURT OF CIVIL APPEALS OF ALABAMA, May 25, 2001, Released
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Overview: Appellant had not asserted any appellee deprived him of life, liberty, or property under color of state law, so as to state a claim arising under federal law. Had he asserted his claim in federal court, it would apply Alabama law.

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Henderson v. State, CR-00-0750, COURT OF CRIMINAL APPEALS OF ALABAMA, May 25, 2001, Released
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In re Conservatorship of V.A.H., 2991361, COURT OF CIVIL APPEALS OF ALABAMA, May 25, 2001, Released
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Overview: Trial court erred by adjudicating respondent as incapacitated in the absence of a physician's examination and by appointing the same lawyer as guardian ad litem and court representative.

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J.F.C. v. City of Daphne, CR-99-0596, COURT OF CRIMINAL APPEALS OF ALABAMA, May 25, 2001, Released
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Overview: Juvenile defendant was found guilty of criminal surveillance for looking into window of another person's apartment, even though he was standing on apartment complex's common area when he did so, and there was no evidence he saw anyone.

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J.W. v. State, CR-99-1495, COURT OF CRIMINAL APPEALS OF ALABAMA, May 25, 2001, Released
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Overview: Trial court was not authorized to dismiss delinquency charges against juvenile defendant when granting defendant's petition for postconviction relief, but could order new trial.

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M.J.S. v. State, CR-00-0643, COURT OF CRIMINAL APPEALS OF ALABAMA, May 25, 2001, Released
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Morgan v. State, CR-99-1972, COURT OF CRIMINAL APPEALS OF ALABAMA, May 25, 2001, Released
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Overview: Defendant who shot his wife four times was not entitled to an instruction on reckless manslaughter, as there was no evidence that he acted recklessly or carelessly, and the evidence clearly showed that defendant, if sane, was guilty of murder.

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Murray v. Manz, 2990960, COURT OF CIVIL APPEALS OF ALABAMA, May 25, 2001, Released
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Overview: Purchaser, not original manufacturer, installed light curtain as a safety device. Because manufacturer did not install the safety device, co-employees could not be held responsible for failure to maintain the safety device.

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Neal v. State, CR-00-1076, COURT OF CRIMINAL APPEALS OF ALABAMA, May 25, 2001, Released
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Overview: Trial court erred in summarily denying defendant's petition for writ of habeas corpus without a hearing. Re-classifying him as heinous offender and removing him from work-release program deprived him of liberty interest.

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Quick v. State, CR-97-1209, COURT OF CRIMINAL APPEALS OF ALABAMA, May 25, 2001, Released
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Overview: Murder conviction and death sentence were reversed. Trial court rulings indicated appellant, though not specifically found so, was indigent. He had been denied former mistrial's transcript, which was critical to ability to impeach witnesses.

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