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| State v. Brantley Land, L.L.C., 1050668,
SUPREME COURT OF ALABAMA, June 29, 2007, Released
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Overview: In condemnation action, as order from which State appealed either awarded State fee-simple title to, or easement over, certain owners' parcels of land, but did not assess the damages the State had to pay owners, there were no "fully adjudicated whole claims"; therefore, trial court erred in certifying its order as final under Ala. R. Civ. P. 54(b).
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| State v. D.L.A., CR-06-0240, CR-06-0281,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 29, 2007, Released
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Overview: Trial court exceeded its authority when it fashioned its own "pretrial diversion program" for a youthful offender as that type of sentence was not one authorized by Ala. Code 15-19-6(a) and under Ala. Code § 12-23-5 and 1978 Ala. Acts 706, only district attorneys had the discretion to admit a defendant to a pretrial diversion program.
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| State v. Freeman, CR-06-0943,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 29, 2007, Released
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Overview: Because appellee, who was indicted for marijuana possession, gave officers general consent to search his person for weapons, and his consent included search of his pockets, evidence seized from pockets was erroneously suppressed under Fourth Amendment since reasonable person would have understood that search for weapons included search of pockets.
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| State v. Turner, CR-06-1033,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 29, 2007, Released
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Overview: Inmate seeking post-conviction discovery did not meet his burden under Ala. R. Crim. P. 32.6(b) to show good cause to review law enforcement officers' personnel files for evidence to support his claim his counsel was ineffective for failing to properly impeach them, as he failed to allege how he was prejudiced by such failure.
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| State v. Wright, CR-05-2243,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 29, 2007, Released
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Overview: Dismissal of indictment for first-degree escape from community corrections program was error; failure to remain within limits of community corrections confinement was an escape from a penal institution under Ala. Code § 15-18-175(d)(3)(e), and as escape was after a felony conviction, defendant could be charged under Ala. Code § 13A-10-31.
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| Stults v. State, CR-06-0044,
COURT OF CRIMINAL APPEALS OF ALABAMA, June 29, 2007, Released
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Overview: Inmate's habeas petition was remanded to circuit court so that evidence specific to his claim that he had not been properly credited with 18 months of confinement on a split sentence could be taken; the inmate would be entitled to credit under Ala. Code § 15-22-54, and neither the State nor the circuit court had specifically addressed the issue.
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| T.S. v. E.J., 2060235,
COURT OF CIVIL APPEALS OF ALABAMA, June 29, 2007, Released
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Overview: In action alleging child was "dependent" under Ala. Code § 12-15-1(1), grant of summary judgment for mother was erroneous because evidence relied upon by mother did not negate any issue concerning whether she voluntarily and intentionally relinquished rights to child, and a trier of fact may credit sister's testimony indicated abandonment occurred.
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| Wannamaker v. Wannamaker, 2060207,
COURT OF CIVIL APPEALS OF ALABAMA, June 29, 2007, Released
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Overview: Default judgment was reversed as it was error to authorize service of process on nonresident wife by publication, and there was not personal jurisdiction over wife. As there was finding that there was not personal jurisdiction over wife, default judgment purporting to divorce parties and adjudicate marital-property and alimony issues was void.
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